from the desk of JFLAG's Exec Dir: Charter's Dangerous Loopholes

It was recently in a note to one of Mr. Maurice Tomlinson's regular letters of AIDSFREEWORLD to the newspapers I questioned why it was only he and or one Dwayne Brown whose letters are over their real identities so much so that Mr. Tomlinson got an email threat and the J said nothing publicly either, strange? I asked why they weren't writing more publicly and not just leave Mr. T the kind of exposure in recent months? well my answer came this morning in the Gleaner as seen below and linked to the original article. We must hold our advocates accountable folks and demand better representation. Here is the article below:

Charter's Dangerous Loopholes

Dane Lewis,

The Charter of Fundamental Rights and Freedoms is one of the most important pieces of legislation to be passed since our Independence from Britain in 1962. Its passage has come at a time when, as a nation, we seek to make Jamaica the place of choice to live, work, raise families, and do business. However, it is unfortunate that the significant place of lesbian, gay, bisexual and transgender (LGBT) Jamaicans and the important contribution they have made in Jamaican life have been lost on our leaders and legislators in the framing of the charter.

Las May, in The Sunday Gleaner of April 3, intelligently depicted the gaping human-rights deficiency with respect to the passage of the charter, and has forced us to think about Jamaica's social and political attitude towards homosexuals. Understandably, while the enactment of laws alone will not change the ingrained discrimination within our society, the exclusion of sexual orientation, health status and disability can have significant implications on the most vulnerable and marginalised in our society. Jamaicans now have legal protection to discriminate against these groups. One can only hope that respect and tolerance will prevail.

Sections 76, 77 and 79 of the Offences Against the Person Act are used routinely to justify the violation of the rights of LGBT Jamaicans. By the State's failure to provide protection against discrimination, it reinforces the perception that human-rights violations such as extortion, torture, sexual assault, denial of employment, and educational opportunities, and other acts of discrimination are permissible. Victims of these violations do not report them to the State, which is, at times, the perpetrator and, therefore, this increases their vulnerability to such abuse. Reports of human-rights violations to Jamaica Forum for Lesbians All-Sexuals and Gays have increased significantly between January and March 2011 compared to the corresponding period in 2010.

lack of growth 17 years later

In 1991, former Prime Minister Edward Seaga said the charter should "create a real basis of personal security and build new foundations of true justice for all". It is most unfortunate and regrettable that after a 17-year delay, Jamaica's 21st-century legislators have adopted an actively exclusionary approach to the rights of non-heterosexuals. Our legislators have failed us by their failure to prevent the "violation of essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political and social prejudices, and to promote a society in which all persons enjoy equal recognition under the law as human beings or as members of a society, equally capable and equally deserving of concern, respect and consideration." [Law v Canada (Minister of Employment and Immigration 1997 1 SCR 497 )]

In fact, the most dangerous clause in Chapter 3 is the savings law clause (Clause 11), which protects antiquated laws enacted before Independence from judicial review. The savings law clause retards the development of rights, is an abomination to good governance, and belies the separation of powers, which is so crucial to a functioning democracy. The Parliament has taken away the right of the ordinary citizen to challenge laws such as the buggery and gross indecency laws and established even greater autonomy over the Jamaican Constitution.

help all Jamaicans enjoy rights

We cannot ignore the implications that the active exclusion on the part of legislators from non-discrimination provisions in this Charter of Fundamental Rights and Freedoms will have on the most vulnerable and marginalised persons in our society, including members of the LGBT community. The Government must do more in ensuring that all Jamaicans enjoy their inherent and inalienable rights as we seek to become the place of choice to live, work, raise families, and do business.

Human, social and economic development and human rights are symbiotic, as has been evidenced by the Human Development Report 2000. This is because of the simple and yet complex nature of human rights and human development, which reinforce one another in their efforts to achieve shared goals and progressively converge to achieve development outcome.

In other Commonwealth jurisdictions, for example, Canada and the UK, great legislative strides have been made to secure the protection of the rights of lesbian, gay, bisexual and transgender persons through amendments to their charters of rights or other legislation. Therefore, as a nation, we must begin to recognise that the right of persons to non-discrimination is crucial in engendering a society which is founded on the premise of freedom, justice and peace.

Dane Lewis is executive director of the Jamaica Forum for Lesbians, All-Sexuals and Gays.

ENDS

Please see the post below on the AIDSFREEWORLD silent protest sans JFLAG (they were said to be busy) that was held recently for just over 45 minutes which included outstanding members of the legal fraternity and the past President of the Bar Association and other non lgbt public figures who have joined the call for sexual orientation to be included in the Charter of Rights.

Devon House Silent protest 08.04.11 .... by AIDSFREEWORD & advocates

Alene Harrison Henry and Lord Anthony Gifford

From 8:00 to 8:45 a.m. on Friday April 8, 2011, a group of Jamaicans stood near the entrance of Devon House in Kingston to condemn the exclusion of sexual orientation from the Charter of Rights and Freedoms as well as the re-saving of the country’s anti-buggery law.

Noted Jamaican Queen’s Counsel, Lord Anthony Gifford, stated that the views expressed by some that a Charter should only reflect the majority opinion on human rights could have been used to justify the Nazi holocaust. Agreeing with Lord Gifford, Arlene Harrison-Henry, former President of the Jamaica Bar Association said that the role of a Charter is to provide protection for marginalized groups in a society, such as Jamaican gays. Holding a placard with the slogan ‘Golding, Charter is homophobic’ radio talk-show host, Lloyd D’Aguilar argued that the Charter undermines the already fragile civil liberties of the country's vulnerable homosexual population.

Jamaica's 147 year old anti-buggery legislation is futile and dangerous as it has failed to prevent private consenting male same-sex activity and instead provides legal justification for the often violent abuse and extortion of gays. Furthermore, the 2009 UNAIDS report highlighted that the law contributes to Jamaica's HIV epidemic by driving gays underground, making it difficult to reach them with effective HIV prevention, treatment, care and support interventions.

Yours truly,

Maurice Tomlinson

Legal Advisor, Marginalized Groups

AIDS-Free World.

JFLAG was absent as they were said to be busy when the event was planned by Mr. Tomlinson and company.

US State Department: 2010 Human Rights Report: Jamaica (including lgbt issues)

Societal Abuses, Discrimination, and Acts of Violence Based on Sexual Orientation and Gender Identity

The law prohibits "acts of gross indecency" (generally interpreted as any kind of physical intimacy) between men, in public or in private, which are punishable by 10 years in prison.

The Jamaica Forum for Lesbians, All Sexuals, and Gays (J-FLAG) continued to report human rights abuses, including arbitrary detention, mob attacks, stabbings, harassment of gay and lesbian patients by hospital and prison staff, and targeted shootings of such persons. Police often did not investigate such incidents. During the year, J-FLAG received 43 reports of sexually motivated harassment or abuse, which included 26 cases of attempted or actual assault, including three murders and three cases of rape. This violence created a climate of fear that prompted many gay persons to emigrate, while the gross indecency laws left those who remained vulnerable to extortion from neighbors who threatened to report them to the police unless they were paid off.

In September six men brutally gang-raped a lesbian woman and cut her genitals after the assault ended. These men had previously taunted their victim, and this attack typified a phenomenon known as "corrective rape," whereby rapists justify their actions under the rationale that forcing their victim into sex will somehow convert the injured party to heterosexuality. Three days later a taxi driver raped another lesbian woman in an unrelated attack staged in the same northern parish of St. Ann’s. J-FLAG protested both rapes, stating that the women were attacked because of their sexual orientation. The organization believed that, as with heterosexual women, many homosexual rape victims were hesitant to report their abuse out of fear, shame, or for any number of personal reasons, suggesting that the actual incidence of sexual violence perpetrated against such persons could be notably higher.

J-FLAG members also suffered attacks on their property and home intrusions, as people demanded to know the number of persons and beds in a home. Victims reported numerous cases of threats and intimidation to J-FLAG. In many instances family members expelled their own relatives from homes because of sexual orientation. In other cases neighbors drove gay and lesbian persons out of their communities, slashing tires and hurling insults. Many gays and lesbians faced death and arson threats, with some threats also directed at J-FLAG offices.

As a result of such threats, J-FLAG elected not to publicize its location, and one of its officials reported feeling unsafe having meetings with clients at the organization’s office.

The trial of six suspects arrested for the 2005 robbery and murder of prominent gay rights advocate Lenford "Steve" Harvey, initially begun and then postponed in 2007, was scheduled to recommence in early 2011.

Male inmates deemed by prison wardens to be gay were held in a separate facility for their protection. The method used for determining their sexual orientation was subjective and not regulated by the prison system, although inmates were said to confirm their homosexuality for their own safety. There were numerous reports of violence against gay inmates, perpetrated by the wardens and by other inmates, but few inmates sought recourse through the prison system.

Gay men were hesitant to report incidents against them because of fear for their physical well-being. Human rights NGOs and government entities agreed that brutality against such persons, primarily by private citizens, was widespread in the community.

Other Societal Violence or Discrimination

No laws protect persons with HIV/AIDS from discrimination. Human rights NGOs reported severe stigma and discrimination against this group. The International Labor Organization (ILO) worked with the Ministry of Labor on a program to reduce the stigma of HIV/AIDS in the workplace and to assist employers in designing policies for workers with HIV/AIDS. Health-care facilities were prepared to handle patients with HIV/AIDS, but health-care workers often neglected such patients. The Ministry of Labor, in conjunction with the ILO and the Ministry of Health, conducted workplace education programs on HIV/AIDS issues. Laws banning homosexual acts and societal attitudes prevented distribution of condoms in prisons and similar institutions.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom.

With respect to cultural events, the Jamaica Broadcasting Commission (JBC) sought to regulate and limit the dissemination of certain popular music deemed inconsistent with public morality. Since 2009 the JBC banned certain lyrics deemed inappropriate to broadcast, including dancehall songs referring to the simulation of aggressive or violent sex, and employed editing methods to expunge lyrics thought unfit for broadcast. The commission stated that its directive was aimed at "all types of musical broadcast output, including soca music and carnival music."

Download the FULL REPORT

Shirley Richards at it again: 'No truth that repealing buggery law will help reduce HIV/AIDS'

ALICIA DUNKLEY
Senior staff reporter
dunkleya@jamaicaobserver.com

PAST President of the Lawyers Christian Fellowship Shirley Richards has urged both major political parties to commit to making changes to the just passed Charter of Rights, if in the future a court ruling goes against the intent of the provision in matters relating to marriage and sexuality, by virtue of the current wording.

Speaking at Wednesday's luncheon meeting of the Lion's Club of Kingston at the Jamaica Pegasus Hotel in Kingston, Richards, who had represented the group and made several notable interventions before the Joint Select Committee of Parliament during discussions on the Charter, commended the courage on the part of the committee to have included clauses in the current Charter which has saved laws relating to sexual offences, the life of the unborn, obscene publications, preserved religious liberty and defined marriage

President of the Lions Club of Kingston Major Desmon Brown (right) in conversation with attorney-at-law and past president of the Lawyers Christian Fellowship Shirley Richards (centre) and Past District Governor of the Lion’s Club Herbert Edwards. Richards was guest speaker at the Lions Club luncheon held at the Jamaica Pegasus Hotel in Kingston on Wednesday, April 6th where she addressed issues covered under the new Charter of Rights passed by both Houses of Parliament recently. (Photo: Bryan Cummings)

"Having included these sections in the Charter, I want to say to both major political parties that if at any time in the future there is a court decision which goes contrary to the intentions which you clearly expressed on behalf of the electorate, that we so expect that you honour the Jamaican people by taking such legislative action as may be necessary to rectify any faulty wording which may become apparent," Richards told the service club yesterday.

"It remains to be seen how the court will deal with these laws which have been retained," she said further.

Following the intervention of the group, marriage had been defined by the committee. As a result, Section 18 (2) of that document reads in part "no form of marriage other than the voluntary union of one man and one woman may be contracted or legally recognised in Jamaica".

Yesterday, Richards said that with the new Charter, civic organisations such as the Lions Club can now intervene on behalf of individuals whose rights are being contravened or are likely to be contravened.

In responding to the charge from several quarters that the Charter ignores the rights of homosexuals, Richards asked: "Where do rights originate?"
She argued that there was no truth to the argument that repealing the buggery law would assist in reducing the spread of HIV/AIDS, while pointing to the findings of a reputable medical journal, which in 2010 reported that despite an overall decline in HIV incidents in France, "transmission seems to be out of control among men who have sex with men". Importantly, buggery was decriminalised in France at the time of the French Revolution in 1791.

"If the buggery law is repealed what will prevent our children being taught in school that the homosexual lifestyle is a good and acceptable one?" she queried.
Richards also noted that in Britain, persons who were not willing to endorse homosexuality are not allowed to become foster parents as it is held that objection to homosexuality is not in the interest of the welfare of children.
"Put the other way, if you do not agree with homosexual conduct, you cannot foster children in the UK," she said, while urging that Jamaicans maintain their moral stance as far as this issue is concerned.

As a consequence of the Charter passed by both Houses of Parliament recently after some 17 years of intense and sporadic debate, citizens have rights against the Government and also against each other.

New rights include the rights of children to publicly funded tuition at the pre-primary and primary level, the right to enjoy a healthy and productive environment, the right to non-discrimination on the grounds of gender and also on the grounds of social class. Privacy rights have also been expanded. The previous document dealt with privacy in terms of protection from search of person or property. Under the new Charter, in addition to protection from search, there is a provision for respect for privacy of the home and family life and for privacy of property and communication.

Sociologist & RC Deacon Peter Espeut on The Right To Discriminate .... and a response

There was a last-ditch effort, in the Senate, by some to add to the Charter of Rights a clause which would make discrimination on the basis of sexual orientation and language unconstitutional. Think it through with me. Let's begin with language.

I agree that in a court of law, persons in the dock should be able to hear the evidence against them in a language they can understand. It would be a travesty of justice for a Jamaican to be on trial in Jamaica and not be able to understand what is going on because the proceedings were conducted in Jamaican Creole, with which he was not fully familiar, or in standard English, for that matter. That is one thing.

But if two persons appeared at an interview for a teaching job, say to teach chemistry, and both were equally proficient in chemistry, but one was not very proficient in standard English, if our Constitution contained a clause preventing discrimination on the grounds of language, I would be prevented from preferring the speaker of better English for the post (for that reason), and I would be open to prosecution and a lawsuit on a charge of discrimination if I did so. What a non-discrimination clause on the grounds of language means is that all languages are put on equal par, and no language is considered better than another for any purpose. Possibly, a Creole speaker would be able to sue the manufacturers of canned mackerel or grapefruit juice if the labelling were solely in standard English; non-discrimination would mean bilingual labelling.

If the intention is to guarantee justice in the courtroom, then make it a requirement for court proceedings to take place in the language of the accused person, or for an interpreter to be provided; but it is overkill to enshrine in the Constitution a right to non-discrimination on the grounds of language to achieve judicial equity for Jamaican Creole speakers who are not proficient in standard English - a problem caused by the failure of the education system. If the intention is to have Jamaica be declared bilingual - with two official languages, and everything done bilingually - that is quite another matter; all application forms would have to be in both languages (like immigration and customs forms), and schools would have to have two classes in every subject (like chemistry), one in English and one in Jamaican Creole. Think it through.

no support for gay clause

The same goes for sexual orientation. I do not support including in the Charter of Rights a clause prohibiting discrimination on the grounds of sexual orientation, because it would prevent anyone from refusing a job to someone because he or she is gay. The Church could be hauled before the courts if it refuses to admit gays into the clergy, and schools could be forced to hire openly homosexual men or women as guidance counsellors.

I do not believe that two consenting adults, of whatever gender, should be criminalised for having sexual intercourse with each other in the privacy of their homes. Personally, I do not think that homosexual relations are wholesome, but that does not mean that gays should be dragged out of their homes and beaten, or brought before the courts charged with inserting their body parts into inappropriate places. I believe that hate crimes against lesbians, all-sexuals and gays should be criminalised, and that persons guilty of what has come to be called 'homophobia' (that word is of doubtful etymology) should be required to undergo counselling and treatment for personality disorder.

But I do not want the impression to be given - especially to young people not yet self-actualised, who are still developing a consciousness of themselves and their sexual identity - that homosexuality and heterosexuality are equally acceptable 'alternative lifestyles'. Putting a clause into the Jamaican Constitution guaranteeing non-discrimination on the grounds of sexual orientation will force the police force, the military and the correctional services to hire lesbians, all-sexuals and gays, possibly using a policy of affirmative action.

A ban on discrimination on the grounds of sexual orientation will criminalise any person or organisation which chooses or hires heterosexuals in preference to persons who make out with animals (all-sexuals). We can decriminalise homosexuality and stigmatise homophobia without making the lesbian, all-sexual and gay lifestyle the norm.

Modernist, neoliberal people reject even the idea of having norms and values - and anything goes. They are amoral, rather than immoral. Let us have a robust debate about what moral principles we wish to encourage in Jamaica, but let us not abandon the concept of right and wrong altogether.

Peter Espeut is a and a Roman Catholic deacon.

ENDS

In a subsequent response from a former lgbt advocate in the Gleaner's letter to the editor section published 11.4.11 the following was said by Brian Paul Welsh:

Espeut's Cloudy Judgement

THE EDITOR, Sir:

Peter Espeut's column on Friday, April 8, titled 'The right to discriminate', was a success in so far as revealing his own latent prejudices as a clergyman, and the danger of a narrow theocratic system of governance to those most in need of state protection.

The glaring failure was his apparent inability to critically analyse the impact of the inclusion of constitutionally entrenched protection of individuals on the grounds of sexual orientation. His religious beliefs apparently preclude him from engaging with such matters lest he be smitten by a deity.

That is seemingly the only explanation for his hellish extremism in describing the twilight zone Jamaica would enter should sexual orientation be included as grounds for discrimination. Paraphrasing, he says he has no problem with those whose sexuality does not conform to the binary prescription of the majority, but that if you give them rights, they're going to continue asking for them until they are equal!

In Espeut's mind, the sodomites can remain on the periphery, do our nails and our make-up and entertain us on stage, and sometimes bless our communions, but they better not get too uppity!

Next thing, they're going to ask the police to protect them when the righteous mobs try to bless their hides with their sacred rods of correction!

Bless you, Peter Espeut. You have certainly illuminated the minds of those, like me, who were unaware of the meaning of true Christian love.

I am, etc.,

BRIAN-PAUL N. WELSH

brianpaul.welsh@gmail.com

Kingston

Also See: Stop The Hypocrisy and Trust the Clergy? Hell No!! another two responses to Mr. Espeut's article. Here is an interesting quote from the latter: "....Personally, I would much prefer to see my son under the guidance of an openly gay counsellor in a monitored and transparent environment, rather than under the 'spiritual' control of a Catholic priest hidden within what can only be termed a 'secret society'. That one is no-brainer."

Sankofa Management: The Loft Remains Open despite Star News trope ......

We, the management of Jamaica’s premier LGBT entertainment space wish to thank our loyal patrons for their continued support of our brave business venture. Despite the many challenges we have faced in bringing this dream to fruition we remain determined never to allow the light of this community to go dim.

The movement that inspired the creation of The Loft is bigger than any one of us. It is bigger than any selfish motivation, envy, or iniquity. This is a powerful movement that cannot be hampered by evil deeds, careless tongues, or thoughtless actions.

It is time that we as a community embrace the idea of togetherness and stop the petty in-fighting that is tearing us apart.

We are not enemies, we are compatriots.

We share the same struggles with the wider society and we all have the same desire for happiness, love, and enjoyment in a safe environment. Since we cannot live this reality in the society we inhabit we must therefore do all we can to protect the few safe spaces that exist.

The Loft was created for all of us in the community and it is therefore our collective responsibility to protect it.

We wish God’s richest blessings on the authors of the article that appeared in The Star of Monday April 4, 2011 under the headline “Cross-dressers clash at club”, and we hope that they will put their God-given talents as fictional writers to good use and not continue to let their imaginations run wild.

We are the ones that will decide if the Loft will close its doors, not anyone else.

We enjoy a positive relationship with the leadership of the St. Andrew Central Police Division as well as our neighbours in

the business district in which we operate and will not allow the mischief of a few idle minds to sully our reputation, negatively affect our business, or most importantly disrupt the enjoyment of our valued supporters.

The Loft is part of a movement that cannot be stopped.

Let us continue marching on until victory is won!

Sincerely,

BP & D

Management

The Loft

ENDS

Some Notes:

Pity our in fighting has to once again make mainstream news

Following recent rivalry in the ever growing and competitive party pink party entertainment scene allegations have once again surfaced that it was another party promoter X who fed the information to the Star News that led to the headline as hinted to in the press release above, Sankofa Events thought it necessary to clear the air after the publication made the rounds in the community, the impact seems on the surface low but one should never underestimate the possibilities. The party promoter X in question has also created some bitter blood between themselves and the contracted staff for that event on April 2 which was in session on or around the same time as the Star News trope was set to have taken place, the staff has not been paid as he fled the scene after the event bombed with very little support.

Personally I am becoming fed up at the foolishness now with these unneeded squabbles and underhanded tactics being employed allegedly by rival party promoters, even after meetings between promoters to work out the timetable and marketing for events to avoid date clashes, as someone in the business for some fourteen years now and seeing the positive growth of our entertainment products THERE IS NO NEED for this kind of rivalry, THE MARKET IS EVER EXPANDING AND IS BIG ENOUGH FOR EVERYONE to relatively safely offer their packages in a timely and professional manner as more and more patrons are becoming very discriminating in tastes with everything being taken into consideration, from the host of the party to gate receipts affordability, music selections, DJ selections and personalities, timing with other mainstream events that get lgbt support such as Jamaica Carnival all these factors are to be taken into consideration when planning any event. The accused promoter(s) along with partners have not been having whole hearted support from the community due to controversial issues mostly created by their own actions and this latest one that is widely perceived to have been done by them has not gone down well with many. Their last event in question which was in progress outside of Kingston on the same night as the alleged car smashing incidents alluded to in the release did not get the expected support notwithstanding they having secured the services of three of the five biggest DJs in the business, a persistent campaigns and advertising, now taking out any vendetta against other successful promoters will only serve to isolate oneself even further from possible patrons and in the long run the community at large leaving one with a tarnished reputation that is not easily repaired in our setting.

The Star News story was inaccurate in a sense as I was present at the club named in the piece the police were called by the club owner/manager in question at around 4am to avert any negative violent action from rival queens who had previous altercations elsewhere NOT AT THE CLUB ON THE NIGHT OF April 2nd as hinted to. The event overall at the Loft went pretty well for the most part until the abrupt cut off to avoid the possible disturbance.

The Loft and ALL OTHER PARTY PROMOTERS AND CLUB OWNERS have my full support but as the Loft remains resolute in serving their patrons/supporters this release is a professional way to deal with it, the police I have since gathered are also mindful of the issues involved however underhanded tactics to prove a point are TOTALLY UNNECESSARY LET US WORK TOGETHER FOLKS including Promoter X. Mek we talk dis out proper.

Loft wi seh

Peace and tolerance

H

here is an audio recording by Pink Report and D

Interview with Management of the Loft by shane-mccarthy or go directly here as the track maybe listed as private.

Jamaicans making it difficult for gays to stay with one partner? asks the Observer

Source

ONE of the world's leading bioethics publications, Developing World Bioethics Journal, says Jamaicans are making it difficult for men who have sex with men (MSM) to be monogamous. The publication also suggested that Health Minister Rudyard Spencer is unhappy with the fact that his government "continues to support legislation that contributes significantly to the high prevalence of HIV/AIDS among MSM". Following are excerpts from the recently published article:

"It is tempting to feel sorry for Jamaica's Health Minister, the Hon Rudyard Spencer. There he is, trying his best to do his job, and, among other urgent health matters, reduce the incidence of HIV/AIDS in his nation.

Health Minister Rudyard Spencer

Unfortunately, on his own account, this is proving to be next to impossible unless Jamaicans change their cultural attitudes to — you guessed it — sex. The Jamaican Ministry of Health's website quotes him with these eminently sensible concerns about specific attitudes:

"These include a widely held belief that sex with a virgin can cure HIV/AIDS, the high level of sexual relations between older men and young girls and a persistently hostile anti-gay environment which all contribute to the stigmatisation and discrimination of infected and affected persons. A strong religious culture also inhibits open discussion on matters of sexuality... We too need to begin the process of unlearning those beliefs that endanger the health lives of others and rethinking the tendency to be obscene and degrading in rejecting values that conflict with our own..."
Public health experts are very familiar with the long-standing conflict between a utilitarian approach to harm minimisation and harm reduction and a cultural context that prizes firmness in the 'fight against drugs' over demonstrably positive health outcomes for individual drug users. It seems as if this same culture war is being played out in the Caribbean where centuries old religious teachings on sex take precedent over the insights of 20th and 21st century sex research.

"A bit of pertinent background on HIV/AIDS in Jamaica: a 2008 study commissioned by the Ministry of Health concluded that about 31.8 per cent of men who have sex with other men (MSM) are HIV infected in the island state. There is a strong correlation between men being HIV infected and them belonging to lower socio-economic groups, and them having been victims of anti-gay violence. The number of AIDS deaths per year is decreasing because the country has begun the rollout of anti-retroviral medicines.
"Jamaica reports the second-highest HIV-prevalence rate among MSM in the world, right after another notorious violator of the human rights of gay people, Kenya.

Homosexual men in Jamaica rarely ever live in monogamous relationships because of the security risks involved in living with a member of the same sex over longer periods in the same household. This is partly a result of colonial legislation prohibiting same sexual activities among men... The flowery prose under the heading 'Unnatural Offences' is sufficiently antiquated:

"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 10 years... 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.
"Up to 10 years at hard labour for a mature-age man who has voluntary sex with another consenting adult male is a fairly draconian penalty for a self-regarding act.
One justification for this law is hidden under that well-known Christian natural law moniker of 'unnatural'. There is no such a thing as unnatural conduct. If something is physically possible it is very much within the laws of nature, and therefore by necessity it is natural. The phraseology of the 'unnatural' explains or justifies nothing. However, normatively nothing follows from this trivial insight.

"Many natural things are not desirable, natural conduct can be unethical, even criminal. Furthermore, as is well known among legal philosophers, even if such behaviour were 'unnatural', and even if we declared it unethical, nothing would follow with regard to the question of whether or not it should be illegal. The Jamaican law is not making a case for why same sex sexual conduct between consenting male adults is problematic, and why it is legislated against.

"Declaring homosexual conduct unnatural is arguably unintelligible and it begs the question of why the law exists to begin with. For good measure 'abominable' has been added to this 'crime'. Merriam-Webster's Dictionary enlightens us that the 14th century originated adjective 'abominable' means that something is variously disagreeable or unpleasant or worthy of causing disgust or hatred. All of these are terrible foundations on which to build sound moral judgments. Finding something disagreeable or unpleasant is insufficient to make it illegal...
"No doubt, plenty of Jamaicans hate gay people, but how does that provide a justification in terms of outlawing same sex sexual conduct among consenting adults? One does not have to be an old-fashioned liberal in the tradition of John Stuart Mill to realise that the criminal law has no right to interfere with important self-regarding actions of consenting adults. Surely, by any stretch of imagination, our sexuality determines, to a significant extent, who we are.

"Jamaica today finds itself in a difficult situation. Sectarian religious mores have been enshrined in law by its former colonial master, and have since been duly maintained as the gospel by generations of Jamaican politicians. The US-based human rights organisation Human Rights Watch published a report a few years ago highlighting the pervasive nature of oftentimes violent homophobia in Jamaica. The price MSM are paying in Jamaica for this situation is very significant indeed, as can be demonstrated by the extraordinarily high prevalence of HIV/AIDS among this group of Jamaicans.
"Unsurprisingly, research has shown that gay Jamaicans are reluctant to present with health problems that could disclose their sexual orientation to health care providers out of fear of reprisals by health care professionals and others...
"...Many Jamaican MSM patients' reluctance to consult health care professionals is indicative of the climate in the country. It cannot surprise then that the country's health minister laments the harmful impact of existing legislation on reasonable public health objectives. In his government's report on HIV/AIDS to the United Nations General Assembly (2010) he (Spencer) explicitly acknowledges the problems this legislation is causing:

The political framework towards HIV has not changed. With outdated laws that present obstacles for adolescents, SW (sex workers), MSM and prison inmates, prevention and treatment efforts to these populations are not able to be fully maximised.
"The existing political framework has also been implicated in contributing to the stigma and discrimination faced by MSM. Several efforts have been made in this area, however, through the review of laws that stand as obstacles to prevention, but to date no major achievements are noted in this aspect of political support. Enlightened politicians such as Jamaica's Health Minister Spencer and his staff find themselves in an unenviable situation. They are representing or working for a government that continues to support legislation that contributes significantly to the high prevalence of HIV/AIDS among MSM.

"Unlike in South Africa where church leaders have come together to support efforts aimed at reducing the incidence of HIV/AIDS, in Jamaica, church leaders are busy trying to preserve the homophobic climate and legislative framework that helped bring about some of the public health problems the country faces today. It will be interesting to see how the situation will evolve in Jamaica..."