Showing posts with label Human Rights. Show all posts
Showing posts with label Human Rights. Show all posts

Wednesday, December 28, 2011

Jamaicans for Justice calls for Ombudsman Bishop Hero Blair's resignation


In a swift move this afternoon the JFJ demanded the head of Herro Blair based on a sermon he delivered to his congregants at his Waltham Park Road church, The Jamaica Observer also carried the story:

HUMAN Rights group Jamaican for Justice is calling for Political Ombudsman Herro Blair to resign from that post.

In a release to the media the group said Blair's recent comments from the pulpit on the controversial buggery issue has eroded the perception that he is politically impartial.

"Political impartiality and the clear perception of impartiality are essential to the role of Political Ombudsman. Reports of comments recently made by Bishop Herro Blair have eroded the perception of his political impartiality, and in light of this, Jamaicans for Justice (JFJ) is calling for his resignation from the position of Political Ombudsman," the release said.

President of the People’s National Party Portia Simpson Miller had said during the recent political debates that she would review the Buggery Law sending of an ongoing debate and the issue has become the subject of political campaigning as politicians hustle for votes.

"It is reported that Bishop Blair took a clear position on the issue, encouraging voters to support his declared position. Whereas both in his personal capacity and as a Bishop in his church, Bishop Blair is absolutely entitled to hold and voice his opinion on the issue and to encourage persons to support that position, this action would erode his ability to be seen as an impartial adjudicator in his role as Political Ombudsman," the release said.

"The content and tone of some of his comments would make it difficult for him to continue to speak out against inflammatory language coming from political candidates and political platforms," the JFJ said.

JFJ is calling on Bishop Blair to do the right thing and resign from his position as Political Ombudsman with immediate effect.
ENDS


In a subsequent radio interview on Radio Jamaica RJR with Dionne Jackson Miller Bishop Blair who did not appear live but was recorded earlier by phone intimated that he was misquoted and that the Jamaicans for Justice should have checked the recording, when pressed what did he actually said he then directed the host and the Jamaicans for Justice group to the recorded service.

However Executive Director Carolyn Gomes said in response that it is he the Bishop and Ombudsman who should have checked as the quotations of him in the various media has stood for the past thirty six hours or so without him contesting their accuracy instead of waiting until her group the Jamaicans for Justice has now challenging the statements and his impartiality that he denies what was reported.

The issue of his position of a bishop than that of an Ombudsman if he cannot separate the two in response Mrs Gomes responded that he should not seek to incite subtly or otherwise violence against any group or take a side with any party when persons are to report infractions to his office, he maybe unable to deal with them as his impartiality or the appearance of being impartial has been compromised.

She also said that the JFJ has amassed support for their stance and the support is growing with groups and individuals, she however never named them.



BLAIR… we have to stop it in its bud

“My concern is not with reviewing a law, my concern is that next year this time, if you as Christians don’t go out and listen to the voice of God — not Herro Blair now — to direct you, because we don’t know who is who… my concern is that next year this time, the next thing that is going to happen in this country is an approach to same-sex marriage,” Blair said during his Christmas Day message to about 2,000 members at his church on Waltham Park Road in Kingston.

“Unnu build a prison for me, because I’m not doing it,” the bishop said, echoing the sentiments of some pastors who told the Observer last week that they would never accept the lifestyle of the gay, transgendered and lesbian community.

Last Tuesday night during the national leadership debate between Simpson Miller and Prime Minister Andrew Holness, Simpson Miller said her People’s National Party (PNP), if elected to form the Government, would review the buggery law and ask for a conscience vote on the issue in Parliament.

Her pledge has reignited what has traditionally been a hot-button issue in Jamaica where homosexuality is frowned upon by the majority of the population.

For years, local and international gay lobbyists have been trying to get Jamaica to repeal the buggery law, but have so far been unsuccessful in their bid.

Recently, the United Kingdom said it would cut aid to countries that uphold laws against homosexuality, while the United States indicated that it would ensure that US diplomacy and foreign assistance promote and protect the human rights of lesbian, gay, bisexual, and transgendered persons.

Bishop Blair, in his message on Sunday, pointed to that kind of international pressure, saying: “God not dead, God not asleep, God will look out for his own and Jamaica don’t want no English man, and we don’t want no Spanish man, and we don’t want nobody from Europe or China to tell us how to live; and what they are doing is that they are putting pressure on our politicians to yield.”

He urged his congregants to call the candidates seeking their votes and ascertain their individual views on homosexuality, ahead of Thursday’s general election.

“You are going to vote on Thursday [but] before you vote, don’t call Portia and don’t call Andrew, call your candidate and ask your candidate what are their moral beliefs, what they defend,” he cautioned during the service, which was attended by the PNP candidate for St Andrew East Central Dr Peter Phillips and his JLP contender Beverly Prince.

“My problem is not with reviewing the law, I am going to review it tomorrow (Monday), I have it in my office. I am going to look at it, that’s a review,” Blair said. “But when you get a government — any government out of the two elected — and one have three here and the other may have six or seven over there, that is 10 out of 63. We have to stop it in its bud, you are going to have to kill it in its bud,” he said.

“I will go back to country and I will plant yellow yam and cocoa and dasheen and I will start a dasheen factory or a cocoa factory; I will sell tamarind ball, but this country is God’s country,” he said.

The pastor, who reminded the churchgoers that God had destroyed two cities before because of immorality, was equally vocal about what he believes was the silence of the church community on the issue.

“The church has been sleeping in this nation. The whole church has been sleeping in this nation because the church of the living God has given up its responsibility and that’s why they cuss us off whenever they want to,” said the pastor.

Monday, November 14, 2011

Gay Activist Wins Human-Rights Award

Frank Mugisha of Uganda poses in front of a painting of Robert F. Kennedy last Wednesday in Washington. - AP
Frank Mugisha of Uganda poses in front of a painting of Robert F. Kennedy last Wednesday in Washington. - AP

A gay-rights activist in Uganda, where a bill that would punish gays with prison or death has stirred worldwide outrage, received the Robert F. Kennedy Human Rights Award in Washington last Thursday.

Ethel Kennedy, the widow of the former US attorney general, was joined by Massachusetts Senator John Kerry in presenting the award to Frank Mugisha at a ceremony on Capitol Hill. It is the first time the award has been bestowed on an advocate for gay, lesbian, bisexual and transgender rights.

"It gives me more courage to continue doing the work I'm doing," Mugisha told The Associated Press ahead of the award. "It sends out a message, not only to my country but to other countries that criminalise homosexuality."

The 29-year-old Mugisha leads the underground group called Sexual Minorities Uganda, whose members routinely shift locations in Uganda for their safety. Uganda, a conservative East African nation, is one of more than 70 nations that have imposed laws against being gay.

Mugisha blames US evangelical activists in particular for stoking fears and promoting homophobia with a 2009 visit and conference on "rehabilitation" for gays in Uganda. Since then, violence against gays has increased, he said.

After the visit, debate began over a Ugandan bill that would punish gay people with prison or death and would threaten jail time for those who don't report suspected gays to authorities. The bill was recently revived in Uganda's parliament.

"I think they are responsible for the bill," Mugisha said of the evangelical activists. "They held a seminar and openly told Ugandans that they needed to tighten their laws on homosexuality and told Ugandans that homosexuals can be healed."

Scott Lively, a preacher who leads a group called Abiding Truth Ministries now based in Springfield, Massachussetts, introduced ideas from the "ex-gay" movement to Ugandans and the idea that gays are "recruited," Mugisha said.

In a telephone interview Wednesday, Lively did not oppose criminalisation of gays but said he thinks imprisonment and the death penalty are too harsh. He said many criminal sanctions in African countries are harsh but aren't enforced.

"I advised the Ugandan parliament to focus on rehabilitation and not punishment, which they went the other way on that," Lively said. "But the law that they did draft is consistent with existing law on their books dealing with heterosexual sex crimes, and no one made a peep about that."

Ty Cobb, legislative counsel for the largest US gay rights group, the Human Rights Campaign, said Mugisha is a role model for gays and lesbians in Africa and the world. The group has connected Mugisha with officials at the US State Department.

"It's important to recognise that Frank has put his life on the line to represent this community that's silenced by a government that wants to put you to death for being gay," Cobb said.

Uganda's anti-gay bill - and its connection to US evangelicals - prompted international headlines, editorials and attention from the Robert F. Kennedy Center for Justice and Human Rights. Its award comes with a $30,000 stipend and a six-year partnership to support Mugisha's work with advocacy and fund-raising.

Rght-wing evangelicals

Kerry Kennedy, president of the centre bearing her father's name, said Mugisha's work shows a rare kind of courage. She said the award is meant for someone who is "the Martin Luther King of their country, somebody who has stood up to government oppression at great personal risk".

She said progressive churches, human-rights groups, the US government and the United Nations should take a stronger stand to counter the impact of "right-wing evangelicals" in Uganda.

"What we see here in Uganda is the US exporting our so-called family values," she told the AP. "We bear responsibility for that as a country. We need to set the record straight about what true US values are."

Kennedy said the pursuit of gay rights is consistent with everything her father, the brother of President John F. Kennedy, had stood for.

"I grew up in a family where we believed the United States should stand for something and that it was important to export the US vision of a more just and peaceful world," she said. "That's why Robert Kennedy travelled to South Africa in 1966 when most Americans had never heard of apartheid."

Mugisha said he hopes to persuade other human-rights groups to join the struggle for gay rights.

As a young gay activist, Mugisha said he has been beaten and harassed for speaking out. He added that he's not afraid of his government, but rather of the people on the street who want to eliminate gays.

In January, his colleague David Kato was bludgeoned to death. That killing came shortly after a tabloid newspaper published names and photos of men it alleged were gay. The cover included the words, 'Hang Them'. Authorities had said Kato's sexual orientation had nothing to do with the killing.

Last Thursday, Kato's convicted killer was sentenced by a Ugandan court to 30 years in prison. The man said he was provoked by sexual advances he said Kato had made towards him.

Mugisha, reflecting on the Kennedy award, said it may afford some protection by raising his profile.

The biggest motivation to continue his work, despite death threats, is his daily interactions with Ugandan gays and lesbians, he added.

"They just look at you when you talk to them, and they feel there's hope," he said. "They feel there's a voice out there speaking for them."

Monday, October 24, 2011

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


Wednesday, October 19, 2011

The Line in the sand in the sand for the JLP part 12 ....... Come Sunday that's the day

As the final turn is made for home for the Jamaica Labour Party change or leadership current Prime Minister Bruce Golding demits office this Sunday October 23, Prime Minister designate Andrew Holness will take the oath of office in a special ceremony at King's House scheduled to begin at 4:00 pm, making him the youngest ever Jamaican, at age 39, to hold the country's highest political office. All ministers are expected to resign from their positions before so the new Prime Minister can decide or reshuffle or at best the Prime Minister gives us an insight into where he or she wants to go with the selection. According to the constitution all the posts become null once a new Prime Minister is sworn into the position.



The Observer had a piece on it today: Yesterday, Golding presided over his final Cabinet meeting as prime minister and thanked his ministers for their support and hard work under his leadership. "He noted that the Government had overcome significant challenges over the last four years but emphasized that much remains to be done to accelerate the pace of economic recovery in order to be able to tackle the country's urgent social needs," Jamaica House said in a news release. Golding also used the meeting to thank the cabinet secretary and the staff of the Cabinet Office as well as the permanent secretary and staff of the Office of the Prime Minister for their support during his tenure. Golding also noted that while some elements of the Government's reform agenda had been completed, other important items are yet to be implemented. "These, he said, were at an advanced stage of preparation and urged his colleagues to complete the process as a matter of urgency," the release said.


Jamaica House also said that after the Cabinet adjourned, "Golding convened a meeting of Government MPs and received their unanimous formal endorsement of Holness to succeed him as prime minister". Holness's meteoric elevation to the top job followed Golding's shock announcement on September 25 -- at the quarterly meeting of the Central Executive of the ruling Jamaica Labour Party (JLP) -- that he would not seek re-election as leader of the party at its annual conference in November. He also said he would step aside as prime minister as soon as a new party leader was elected.Golding, the release said, will convey this advice to the governor general and tender his resignation on Sunday afternoon shortly before the ceremony at King's House.Within days of his announcement, it became clear that Holness was the front-runner to replace Golding as he received backing from powerful members of the JLP's parliamentary group.According to the JLP, Golding told the meeting he had planned to lead the party into a second term of government and demit office within two years thereafter. "He said 'the challenges of the last four years have taken their toll and it was appropriate now to make way for new leadership to continue the programmes of economic recovery and transformation while mobilizing the party for victory in the next general elections'," the JLP said.


The education minister's position was strengthened further when Golding, in a national broadcast on October 2, clearly stated that it was time for leaders of his generation to make way for "younger people whose time has come, who are more in sync with 21st century realities, whose vision can have a longer scope and who can bring new energy to the enormous tasks that confront us". Yesterday, the State news agency, the Jamaica Information Service (JIS), in a news feature on Holness's impending appointment, reported former Prime Minister Edward Seaga as saying that he did not share the belief that leaders need to be young. However, he argued that age was not an impediment if it is utilised in the correct way. "In the next two months, I will be 64," Golding said. "I feel it is time for me and people like me to make way and allow a new crop of leaders to step forward and unleash their energies and creativity.""But Andrew, I think, is one who is not in that category, he is someone who is more focused on the national affairs of the country," said Seaga, who welcomed and endorsed Holness as an ideal candidate for the top position and pointed out that the education minister "has the right make-up (and) the right characteristics" for the job. Seaga, the JIS story said, recalled meeting Holness while the latter served as executive director of the Voluntary Organisation for the Upliftment of Children between 1994 and 1996.


"I have known other young people who were more interested in serving themselves in politics, and for a time I lost my faith that we would ever find young people who could really be useful in becoming leaders to take this nation's affairs on their shoulders," the JIS quoted Seaga, who is largely regarded as Holness's mentor. Noting that Holness displays a "firm disposition", Seaga said he is capable of making the correct decisions "with due consideration". "I noted that the person who was running it was a young man, and we got to talking and after sufficient time had passed, I asked if he would like to join me in what I was doing, and he agreed. It's unusual to find young men in those kinds of situations, because it's an area in which you are trained to give, and to give support and to give assistance, and men are not that caring. If it was a woman in the position, I could have understood it more. So, to me, it was a unique situation," Seaga told the JIS.


"Those are the tools you need to handle problems, and with those tools I expect him to be able to cope. Now, it's not every problem that you can cope with, and you always have to take advice, and that is the area in which he will have to, if he hasn't yet mastered, learn how to adapt himself," the JIS quoted Seaga. "The economy really comes first; until you fix that, you're really not going anywhere. I think he had that as part of the training he had at the University of the West Indies from which he graduated. But if he hadn't, he would have learnt enough in the past four years in which the JLP has been in power, because of the amount of discussions that would have taken place on the economy, to have a full grasp of it," he noted. In assuming the position of prime minister, Seaga said that Holness will need to focus on the economy, education and agriculture. Regarding education, Seaga credited Holness with initiating "far-reaching" and "ground-breaking" ideas in the ministry."So, I hope his care and attention to the ministry (of education) will be continued in one way or the other. You can't solve all problems at one time. Pick the ones that are most important and the ones that can most readily be solved, so as to make some headway," Seaga advised. ENDS




Speculation is already rife that Information spokesman Daryl Vaz maybe the first casualty as he is deemed very close to PM Golding than Holness as they have had spats before tipped for the position is the eloquent Minister or Mining and Energy Clive Mullings (photo) he (Daryl Vaz) has been described as harsh, cold, course and rough with the media and in today's last cabinet press conference he hinted that he has not resigned or been fired as yet. He said in closing that it was an honour to serve and thanked the outgoing Prime Minister, he joked it they (the media) wanted to wipe their tears before he continued the session, he was described though as the most accessible Minister, and he wears his emotions on his sleeve  after that most of the other positions can remain as is especially Finance now held by Audley Shaw. Probably one more change could be a return to Agriculture of Christopher Tufton who performed excellently until the last cabinet reshuffle by outgoing PM Golding. With no clear indication yet as to the new PM's stance on human rights it is unclear what we are being asked to judge him on so as to relect the JLP.




Observer Poll on age between Portia Simpson Miller and PM designate Andrew Holness

If he does call an election soon that is probably before the new voters list is ready in November and the heightened publicity of Mr. Holness as a younger greener candidate, an idea of which some say whose time has come. The polls seem to also reflect this new feeling as the JLP has just inched infront the PNP who by the way seem not to have recovered from the shock resignation of Golding in the first place. With most of the voting population under the age of 30 we are told and another almost 40, 000 persons recently registered with the Electoral Office so as to become voters who will these persons vote for is still unclear but some pundits say they are likely to vote for the Peoples National Party PNP. The Line in the sand has been drawn erased almost and then redrawn, let us see where things go.


Peace and tolerance


H

REVIEW OF THE FIFTH PERIODIC REPORT OF JAMAICA (CCPR/C/JAM/Q/3) 103 rd session of the Human Rights Committee Geneva – October 2011

According to information before the Committee, homosexuals are subjected to discrimination and ill-treatment in the State party. Please indicate whether you intend to revise the definition of discrimination adopted by the Charter of Fundamental Rights and Freedoms, to include gender identity and sexual orientation as illegitimate grounds for discrimination. Furthermore, the Offences against the Person Act criminalizes consensual sexual activity between persons of the same sex, and these acts are punishable by imprisonment of up to 10 years. Please provide information on the number of cases, if any, in which this provision has been applied, and if there are any steps taken to decriminalize same sex relationships.
We were very concerned to note the government’s brief response to Question six (6), which thinly conceals its blatant disregard for the rights of LGBTI persons. This is mirrored its response during the Universal Periodic Review, which out rightly rejected recommendations to offer legal protection against discrimination based on sexual orientation. Their short statement in the List of Issues further fails to consider the extent to which LGBTI Survey of Living Conditions (SLC). (2009). Women’s Resource & Outreach Centre (WROC). (2011). Enacted 1 December 1975. Women’s Resource & Outreach Centre (WROC). (2011).


A/HRC/16/14. See also: page 6, paragraph (p). In, Report of the Working Group on the Universal Periodic Review – Jamaica Rather than guaranteeing the rights of all persons living in Jamaica, the newly enacted Charter of Fundamental Rights and Freedoms actually ensures the continued discrimination of certain groups of peoples, especially those belonging to the LGBTI community. It discriminates against same sex relationships and effectively reinforces the criminalization of sexual activities between consenting adults of the same sex by: (a) preserving existing laws that do not recognise same sex unions and explicitly states that these relationships cannot be legally recognised [Clause 18]; (b) withholding the right to freedom from discrimination on the grounds of sexual orientation; and, (c) providing the right of persons to communicate with family, spouse, and others while they are detained or arrested, but excluding same sex partners and common law unions [Clause 14(2)]

The Charter also deliberately retains the “buggery law,” which criminalizes sexual relations between consenting adults of the same sex.

Sections 76 and 77 of the Offences Against the Person Act criminalize acts of heterosexual and homosexual buggery:

Section 76: Whosoever shall be convicted of the abominable crime of buggery, committed either with
mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not
exceeding ten years.

Section 77: Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any
assault with intent to commit the same, or of any indecent assault upon any male person, shall be
guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned for a term not
exceeding seven years, with or without hard labour.

This violates the right of homosexual men to equality before the law and is thus incompatible with Article 2, Article 26, Article 16, and Article 17 of the Covenant. Persons who categorize themselves as belonging to the LGBTI social group are therefore not only discriminated against as a result of the attitudes of society, but face legally institutionalized discrimination within the jurisdiction. People who violate the rights of LGBTI Jamaicans feel their actions are justified because the society creates an enabling context for such human rights violations. Many use the buggery and gross indecency laws as their justification. This has been further supported by the Jamaican Parliament in the Charter of Fundamental Rights and Freedoms.  Further, the Government effectively disallows any discussion to repeal any laws that discriminate against homosexuals by entrenching the provisions that prohibit discrimination within the jurisdiction on very limited grounds namely by reason of being male or female as opposed to recognizing discrimination by reason of sexual orientation, Statements made by politicians and Senior Police Officers reinforce the environment of discrimination. Prime Minister Golding was recorded stating, “I make no apology in saying decisively and emphatically that the government of Jamaica remains irrevocably opposed to the recognition, legitimization or acceptance of same-sex marriages or same-sex unions.” He went on to say, “there is the possibility that sometime in the future parliament could pass a law that says same-sex unions are legal but it won’t be done in this parliament. Not as long as I sit here.”
In comments made to the media, Senior Superintendent Fitz Bailey demonstrated the pervasiveness of discriminatory thinking and unacceptable labelling of homosexuals by stating that homosexuals were the largest perpetrators of organized crime in Jamaica despite there being no factual evidence to support this statement. Although his remarks were later withdrawn by the Jamaican Constabulary Force (JCF), both his and the Prime Minister’s remarks speak to the on-going bias and discrimination faced by the LGBTI community everyday.

The continued violation of the LGBTI rights of persons within Jamaican jurisdiction has the consequential affect of preventing the implementation of policies to address those living with HIV/AIDS who are homosexual. Further, the criminalization of consensual sexual activity prevents individuals from freely seeking health care (including HIV prevention), seeking legal advice and/or protection as a result of such discrimination, and leads to verbal and physical assaults, displacement from home and employment, sexual violence, and extortion, among others (see Question 6 in Annex A for case examples) In 2004 and 2010, the Jamaica Forum of Lesbians, All-Sexuals and Gays (J-FLAG) lobbied unsuccessfully for the inclusion of sexual orientation as illegitimate grounds for discrimination in the Charter of Fundamental Rights & Freedoms. Between January 2009 and June 2011, J-FLAG recorded 129 incidents in which the human rights of LGBTI persons were violated. The majority of cases were perpetrated against men who made 47 reports in 2011, 38 in 2010, and 22 in 2009.


         
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Watch the recorded proceedings here.



Review of Jamaica (part I) 19 Oct 2011




Part II


Part III


Females are seemingly at less risk of homophobic discrimination and/or violation, however when discovered can face severe repercussions (discussed more below). These violations are often termed as “punishment” for their “illegal” activities. The result is that lesbians are raped in extremely violent ways and their genitals mutilated, mirroring the practice of corrective rape of women experienced in some areas of Africa. There were four incidents perpetrated against females in 2011, nine in 2010 and four in 2009 (read about some of these cases in Annex A - Question 6). The situation facing LGBTI persons has become so acute that cases are being heard for asylum abroad. For instance, the United Kingdom Asylum and Immigration Tribunal recently decided that an applicant, from Jamaica, had established a “well-founded fear” of persecution contrary Article 3 of the Refugee Convention. It was accepted that “the appellant [had] established a risk of persecution and…The respondent (UK government legal representative) accepted that there was insufficient protection in Jamaica for lesbians who could establish that they were at real risk of persecution or serious harm.”

We would add that social stigma in Jamaica pervades other sections of society, such as communities that are socioeconomically deprived. The all persons under Jamaican jurisdiction of these communities are disproportionately the victims of arbitrary laws and excessive use of force and experience discrimination, abuse, and violation of human rights. In the same way that the LGBTI social group have no sufficient protection when raising complaints related to abuse by police, the culture of abuse experienced by persons in Jamaica renders many vulnerable people victims of a system that fails to protect.

Recommendations:

• The State party should:
a.) Immediately repeal the buggery law and add the text “non-consensual sex” to the existing text in Section 76 of the Offences Against the Person Act.
b.) Adopt a law on non-discrimination incorporating provisions formulated in accordance with Article

26. Repealing such laws as constitute undue interference with fundamental rights protected under the Covenant.
c.) Accept and adopt the recommendations arising from the Universal Periodic Review to:
i. Decriminalize sexual activity between consenting adults of the same sex, and address hate crimes on the grounds of sexual orientation and gender identity as a matter of urgency;
ii. Include in the Charter of Fundamental Rights and Freedoms, a specific prohibition of discrimination on the grounds of sexual orientation;

iii. Combat discrimination on the grounds of sexual orientation through awareness-raising campaigns and education programs in the schools;
iv. Immediately repeal all legal provisions constituting discrimination against individuals on the basis of their sexual orientation or gender identity.
 
DOWNLOAD THE PDF HERE

Jamaica: NGO submitted their report on the List of Issues



JAMAICA
Civil Society Report on the Implementation of the ICCPR
(Replies to the List of Issues CCPR/C/JAM/Q/3)


Hear the Children’s Cry


Independent Jamaican Council of Human Rights


Jamaica Forum of Lesbians, All-Sexuals and Gays (J-FLAG)


Jamaican Community of HIV Positive Women


Jamaicans for Justice (JFJ)


Mensana


Stand up for Jamaica


Women’s Resource and Outreach Centre (WROC)


Wednesday, October 5, 2011

Jamaicans for Justice Report on “Civil Society Response to the List of Issues” for the UN Review 2011 includes section from JFLAG/WFW



Submission from 
Jamaicans for Justice (JFJ) 
For consideration in the formulation of the 
List of Issues by the Human Rights Committee’s Task Force 
during the 100th Session
(11-29 October 2010)



Jamaica’s human rights track record will be reviewed by the Human Rights Committee on 19-20 October 2011. J-FLAG has contributed to report written by Jamaicans for Justice that assess the application of human rights in Jamaica. The report entitled “Civil Society Response to the List of Issues” offers 95 recommendations to the government on issues ranging from, but not limited to, impunity and extrajudicial killings, children’s rights, gay rights, persons with disabilities and discrimination.
The Human Rights Committee is the UN body that monitors the extent to which governments protect and promote the human rights of persons as per the International Covenant on Civil and Political Rights (ICCPR).
Jamaica is reviewed by the Committee every 3-5 years by the Human Rights Committee. This will be the third time that Jamaica’s human rights track record will scrutinized on the international stage.
Other Jamaican NGOs contributing to the report are Hear the Children Cry, Independent Jamaican Council of Human Rights (IJCHR), Jamaican Community of HIV Positive Women, Mensana, Stand Up for Jamaica and Women’s Resource & Outreach Centre (WROC).
To view both the civil society report as well as the government’s report on the implementation of the ICCPR click on the following links below:
http://jamaicansforjustice.org/docs/110921H934.pdf – State of Jamaica: NGO Report on the Implementation of the ICCPR (prior to the adoption of the list of issues)
http://jamaicansforjustice.org/docs/110921H342.%202011%29 – Civil Society Report on the Implementation of the ICCPR (replies to the list of issues)
Text adopted from Jamaicans for Justice
A shadow report on the human rights situation of LGBT people in Jamaica was written and submitted through the collaborative efforts of Jamaica Forum for Lesbians, All-Sexuals, & Gays (J-FLAG), Women for Women (Kingston), Heartland Alliance, International Gay and Lesbian Human Rights Commission (IGLHRC), AIDS-Free World (AFW), and The George Washington University Law School International Human Rights Clinic.

Human Rights Violations of Lesbian, Gay, 
Bisexual, and Transgender (LGBT) people in 
Jamaica: 
A Shadow Report 
Submitted for consideration at the 103rd Session of the Human 
Rights Committee 
October 2011, Geneva 
Submitted to the United Nations Human Rights Committee by: 
• Jamaica Forum for Lesbians, All-Sexuals, & Gays (J-FLAG) 
• Women for Women (Kingston, Jamaica) 
• Heartland Alliance for Human Needs & Human Rights 
• International Gay and Lesbian Human Rights Commission (IGLHRC) 
• AIDS-Free World (AFW) 
• The George Washington University Law School International Human Rights 
Clinic


I. Introduction
This shadow report on the human rights situation of LGBT people in Jamaica was written and 
submitted through the collaborative efforts of Jamaica Forum for Lesbians, All-Sexuals, & Gays 
(J-FLAG), Women for Women (Kingston), Heartland Alliance, International Gay and Lesbian 
Human Rights Commission (IGLHRC), AIDS-Free World (AFW), and The George Washington 
University Law School International Human Rights Clinic.
Jamaica became party to the International Covenant on Civil and Political Rights (“ICCPR”) on 
October 3, 1975.  Jamaica submitted its second report for Universal Periodic Review (“UPR”) 
under Article 40 of the ICCPR was in January 1997.
2
  In its concluding observations in response to that report, the Human Rights Committee (“HRC”) expressed its hope at that time that the new Jamaican Charter of Fundamental Rights and Freedoms (“Charter”) would explicitly prohibit of discrimination on the grounds of sex, and that any conflict between provisions of Section 24 of the Jamaican Constitution and the ICCPR be eliminated.

3
   Since that time, however, Jamaica, has not complied with the HRC’s recommendations.  Rather than prohibiting discrimination on the grounds of “sex,” the new Charter prohibits discrimination on the ground of being “male or female.”  This language serves to circumvent protections guaranteed under the ICCPR by 
excluding from the Charter the prohibition of discrimination on the basis of sexual orientation 
and gender identity, which the HRC has found to be  protected grounds under the category of 
“sex.”

4
  Jamaica failed to submit its third UPR report in 2001, but submitted its combined third 
and fourth reports on July 20, 2009.

5
As recently as June 2011, the Human Rights Council has reaffirmed its commitment to LGBT 
issues through passage of Resolution 17/19, entitled  Human rights, sexual orientation and 
gender identity.

6
  The passing of this resolution stresses the importance of LGBT-identity related 
                                                
1
 This report was primarily authored by Laetitia Jojic (JD ‘11, George Washington University Law School), under the supervision of Professor Shana Tabak of the George Washington University Law School, International Human Rights Clinic, with significant assistance provided by Supraja Murali (JD Candidate 2012, George Washington University Law School) and Timothy Merlo (JD Candidate 2012, George Washington University Law School).  
Special thanks to Stefano Fabeni (Heartland Alliance, Director of Global Initiative for Sexuality and Human Rights) for extensive guidance in the drafting of this report, and to the numerous Jamaican activists and civil society organizations who contributed valuable information, reports and comments throughout the drafting of this report. Questions regarding this report may be addressed to Professor Shana Tabak, George Washington University, stabak@law.gwu.edu.

2
 U.N. Human Rights Comm. [ICCPR], Consideration of Reports Submitted by States Parties under Article 40 of the Covenant, Second Periodic Report of States Parties due 1986, Addendum, Jamaica, U.N. Doc. CCPR/C/42/Add.15 
(Mar. 7, 1997). 
3
 U.N. Human Rights Comm. [ICCPR], Consideration of Reports Submitted by States Parties under Article 40 of the Covenant, Concluding Observations of the Human Rights Committee, Jamaica, ¶4, U.N. Doc. CCPR/C/79/Add.83 
(Nov. 19, 1997).
   
4
Toonen v. Australia, U.N. Human Rights Comm., Commc’n. No. 488/1992, ¶ 8.7, U.N. Doc. 
CCPR/C/50/D/488/1992 (1994). 
5
 U.N. Human Rights Comm. [ICCPR], Consideration of Reports Submitted by States Parties under Article 40 of the Covenant, Third Periodic Report of States Parties, Jamaica, ¶ 1, U.N. Doc. CCPR/C/JAM/3 (July 20, 2009) 
[hereinafter Jamaica Third Periodic Report]. 
6
 U.N. Human Rights Council, Resolution 17/19, Human rights, sexual orientation and gender identity, U.N. Doc. 
A/HRC/17/L.9/Rev.1 (June 17, 2011).

Thursday, July 7, 2011

European Parliament’s Subcommittee on Human Rights hearing on LGBTI (lesbian, gay, bisexual, trans and intersex) rights in the world

On 30 June 2011, the European Parliament’s Subcommittee on Human Rights held ahearing on LGBTI (lesbian, gay, bisexual, trans and intersex) rights in the world. Members of the European Parliament, European Parliament staff, European Commission staff, ambassadors and members of the public heard from human rights defenders, civil society and high-level EU civil servants about the human rights of LGBTI people worldwide.

Andrzej Grzyb MEP: Introduction from LGBT Intergroup on Vimeo.


Andrzej Grzyb MEP, acting Chair of the Subcommittee on Human Rights opened the event.

Ulrike Lunacek MEP: Introduction from LGBT Intergroup on Vimeo.


Ulrike Lunacek MEP, Co-President of the LGBT Intergroup, presented the hearing and explained why it was necessary to look at the rights of LGBTI people globally, citing work done recently by the European Parliament

Naome Ruzindana: Rwanda, Uganda and Burundi from LGBT Intergroup on Vimeo.


Rwanda, Uganda and Burundi
Naome Ruzindana from Rwanda presented recent developments for LGBTI people in eastern Africa, and notably Rwanda, Uganda and Burundi (including how these countries influenced each other).

The decriminalisation of homosexuality in India
A movie produced by the International AIDS Alliance showcased interviews with Indian activists commenting on the decriminalisation of homosexuality in 2009

Mauro Cabral: Trans and intersex rights from LGBT Intergroup on Vimeo.


Trans and intersex rights in the world
Argentinean activist Mauro Cabral explained the issues brought forward by a growing global movement for the rights of trans(gender) and intersex people, including trans murders and sterilisation.

Riina Kionka: The role of the EU from LGBT Intergroup on Vimeo.


The role of the EU
Riina Kionka is Head of Division for Human Rights Policy Guidelines in the EU’s External Action Service, and outlined positive action by the EU in several domains: in the EU legal and policy framework, the EU’s bilateral relationships, at the United Nations, and at regional and local level.

Jean-Louis Ville: The European Commission from LGBT Intergroup on Vimeo.


The European Commission
Responsible for Governance, Democracy, Gender and Human Rights at the European Commission’s Directorate-General for Development and Cooperation, Jean-Louis Ville outlined action and calls for funding at the European Commission that were likely to help LGBTI civil society in the Global South

Questions and answers

Questions and answers from LGBT Intergroup on Vimeo.



Ulrike Lunacek and Michael Cashman MEPs: Conclusion from LGBT Intergroup on Vimeo.

Ulrike Lunacek and Michael Cashman MEPs: Conclusion

Friday, July 1, 2011

Privacy rights for LGBT people in T&T advances says blogger

According to Colin Robinson from CAISO Coalition Advocating for the Inclusion of Sexual Orientation via his blog some progress though small has been made recently with regards to LGBT rights issue in his homeland Trinidad and Tobago.

Here is an excerpted segment of the post speaking to the issue.

Privacy rights for sexual orientation calmly take a small step forward in T&T


The President last Wednesday (June 22) assented to the Data Protection Act, a landmark piece of legislation that establishes an ambitious framework “to ensure that protection is afforded to an individual’s right to privacy and the right to maintain sensitive personal information as private and personal.” The legislation: promulgates rules and standards for all persons who handle, store or process personal information belonging to another person, in either the public or private sector; regulates the authority of public entities to collect personal information, its use, protection, accuracy and access; establishes hefty fines and corporate penalties for breaches; and includes whistleblower protections.

It also provides for the development of binding industry-tailored codes of practice in the private sector.

Of great significance to gay, lesbian and bisexual communities in Trinidad & Tobago, the new law provides heightened protections for “sensitive personal information”, which is defined to include one’s “sexual orientation or sexual life”. Ensuring citizens’ autonomy in their consensual sexual affairs requires bothprotecting their sexual lives from unwarranted intrusion and protecting them from discrimination based on their sexuality.

This is the first piece of legislation recognizing sexual orientation and related rights that we are aware has been enacted in the history of Trinidad & Tobago’s Parliament. Originally drafted and introduced in November 2008 by the People’s National Movement (PNM) Government, the bill was reintroduced by the People’s Partnership in January of 2011, and shepherded to passage with bipartisan support.

To follow lawmaking in Trinidad & Tobago, visit the Parliament website: www.ttparliament.org

The sexual orientation provision was never hidden from the public, and was reported on in the media both times the bill was debated. It is an important lesson about the ways in which our Parliament should be legislating on sexual orientation: soberly, fairly, and without appeals to politics, division, manufactured hysteria and controversy – or imaginary verses from Leviticus. It also demonstrates how legislators can integrate questions of sexual orientation into a broad approach to rights and protections for everyone, and frame them in relationship to matters of broad public and political consensus, e.g. privacy for one’s sexual life.

What is of further significance for legislating on sexual orientation is that the bill was subject to unusually vigorous debate and amendment by the Senate’s Opposition and Independent benches, which left the sexual orientation provisions intact. Minister in the Office of the Prime Minister MP Collin Partap, who piloted the bill, was saluted by the PNM for his flexibility and that of his staff in building consensus on the legislation.

We have previously congratulated the Government for its leadership in moving this legislation forward. Today, on behalf of the nation’s tens of thousands of gay, lesbian and bisexual citizens, the Coalition Advocating for Inclusion of Sexual Orientation pays tribute to all parties in Parliament and our Senators on the Independent bench for their support and vigorous contributions to strengthening of a forward-thinking piece of legislation that strengthens respect for human rights, and for our inclusion in it. We are proud today of our Parliamentarians, and we thank them.

Bill manager Collin Partap was saluted for facilitating bipartisan legislating

This is gspottt’s 100th post!