International Conflict Resolution Day ...........

Each Year some parts of the globe celebrate Conflict Resolution Day, the third Thursday of October. October has become a time to promote and celebrate peaceful conflict resolution practices worldwide. Dedicated dispute resolution practitioners are helping to educate the public about mediation and other innovative conflict management processes. The American Bar Association ABA declared the third week of October, “ABA Mediation Week,” in part building on the efforts of many other national, state, and local organizations in the USA, including the Association for Conflict Resolution (ACR) www.acrnet.org/crday which have been celebrating conflict resolution during the month of October. The ABA and ACR, as well as numerous other organizations worldwide, are working to raise awareness of the importance of mediation and conflict resolution. 

History 

In 2005, in order to increase public awareness about conflict resolution and its many benefits, ACR’s Board of Directors adopted a resolution designating October 20, 2005 as Conflict Resolution Day. ACR coordinated its efforts with other conflict resolution organizations and reached out to local, state and international groups to build interest in holding local celebrations in conjunction with Conflict Resolution Day.

http://www.acrnet.org/crday/

Events were held in Canada, Portugal, and 22 U.S. states. Also in the United States, a number of counties, cities and states adopted proclamations designating day- or week-long conflict resolution celebrations. Jamaica has recognized and observed the day before but that seemed to have waned somewhat. In March 2006, ACR’s Board of Directors adopted a resolution designating the third Thursday in October as Conflict Resolution Day. Going forward, Conflict Resolution Day will always be held on the third Thursday of October. Nationwide radio briefly looked at the issue yesterday October 20 and brought into focus the problems in schools since the start of this year with so many incidents and murders involving teens as to how they can be given skills to settle disputes this was broadened to the national level to include civil society and other players such as the psychiatric communities in handling mental problems or issues that also lead to rage and unresolved conflicts.

Recently Minsister of Justice Delroy Chuck Urged Mediation as a way to Settle Cases

Minister of Justice, Hon. Delroy Chuck (2nd left), and wife, Patricia Chuck (right), enjoy light conversation with retired Chief Justice, Hon. Lensley Wolfe (2nd left); and Attorney General, Ransford Braham, at the graduation ceremony for the 2011 class of the Norman Manley Law School, held on October 8 on the Mona campus of the University of the West Indies (UWI).JIS KINGSTON — Minister of Justice, Hon. Delroy Chuck, is urging attorneys to assist their clients to settle matters out of court through mediation and arbitration.

Mr. Chuck, who was addressing the 2011 graduating class of the Norman Manley Law School held on October 8 on the Mona campus of the University of the West Indies (UWI), said that lawyers often “push for a win-lose situation, when you can, with guidance, secure for both parties and yourself, a win-win situation, and everyone moves on with their lives”.

“Clients (would) have secured justice economically and you are free to take on more clients without being weighed down by cases languishing for years on end,” he pointed out.
The Justice Minister noted that the government is looking at ways to steer appropriate cases away from the formal court system, by supporting the work of mediation in Jamaica, and introducing legislation, to allow for a formal system of arbitration.

The 2011 graduating class of the Norman Manley Law School, at the ceremony held on October 8 on the Mona campus of the University of the West Indies (UWI). Minister of Justice, Hon. Delroy Chuck, addressed the graduates.He pointed out that the Dispute Resolution Foundation (DRF) is actively engaged in mediation, and civil matters from the Supreme Court are referred for mediation.

He urged the law school graduates, as they go out into the working world, “to get involved in mediation and with the work of the DRF, particularly, those of you who may not find employment immediately. It will help you to build up your experience and to make important networks.”

He said that mediation is an avenue that will provide many opportunities for young lawyers, who are interested in practicing commercial and business law, particularly where the use of information and communications technology (ICT) and other creative and scientific processes are involved.

“We want to see Jamaica and the Caribbean becoming a hub for local, regional and international arbitration, which commercial entities and traders across the world can utilise in settling their commercial and trade disputes,” he stated.

Mr. Chuck, in the meantime, highlighted other laws, which will open up opportunities for lawyers, and the country as a whole, such as the International Financial Services Authority Act, 2011, which was passed earlier this year.

“The Government is working also on updating the laws that will protect the creative and scientific property of Jamaican people and this initiative will create many opportunities for you,” he stated.

http://www.disputeresolutionfoundation.com/

Upon last checks at our local arm on conflict resolution agencies - Dispute Resolution Foundation they were silent on the matter of the day's recognition or activities, but of note are some of their services which includes:

Alternative Dispute Resolution (ADR):
Court connected
Workplace/business
Family and community
Schools /colleges etc.
Restorative Justice
Mediator certification
Caribbean programmes

Certainly in the LGBT community and advocacy we are woefully lacking in this regard, I am not aware of any direct interventions or collaborations with the above mentioned entity locally, judging by their stance I doubt they would take in LGBT issues seeing they also have a focus on family life which by our standards exclude same gender loving people. The recent impasse between the homeless men who have sex with men men (MSM) populations and two main NGOs that serve this community and who also have MSMs on staff serves to remind us in glaring terms the failings, one would have expected that barring the absence of any frontline services for the men and their registering thier upset at same via two days of civil disobedience On August 23 and 24 of this year at the gates of Jamaica AIDS Support for Life (JASL) and Jamaica Forum for Lesbians Allsexuals and Gays (JFLAG) that an intermediary would have been brought in. They were supposedly banned for rowdy behaviour. Neither The Crisis Intervention Manager for JFLAG nor the Executive DIrector of the same group could console the men and it had to take influentials who were apart of both organizations to quell the fracar, yet we are asking the mainstream to be tolerant of same gender loving persons and embrace their right to freedom to express same love. Gay on Gay violence is also still a major challenge especially in the MSM communities as a recent incident has brought to bear as well where a prospective Miss LGBT World 2011 got herself in an altercation with a known enemy so to speak at a recent party the brawl halted proceedings for some time post the tussle she has been disqualified from the event, all this without very little attempt to have some intervention to quell the long standing disagreement between the parties. Let us be reminded of the case of the eye gouging male who in a jealous fit blinded one eye of his partner which made national news to the humour of many and the case drag on the courts for some time despite the victim's attempt to have the charges dropped.

So, clearly some sort of interventions are needed in this regard.

Peace and tolerance

H

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).

See paragraphs 101.18 to 101.25. In, Report of the Working Group on the Universal Periodic Review – Jamaica. (4 Jan 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.

Free live streaming by Ustream

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)

American Immigration court makes decision to deport gay man on grounds "no torture" of

A US Immigration court has agreed to the removal of a gay Jamaican as treatment of gays in Jamaica "do[es] not meet the legal definition of torture".

Source: Leagle

WHITE v. ATTORNEY GENERAL OF U.S.

ARTHUR WAYNE WHITE, Petitioner,
v.
ATTORNEY GENERAL OF THE UNITED STATES, Respondent.

No. 11-2649.

United States Court of Appeals, Third Circuit.

Submitted Pursuant to Third Circuit LAR 34.1(a) October 7, 2011.
Opinion filed: October 11, 2011.

Before: RENDELL, CHAGARES AND ALDISERT, Circuit Judges.

NOT PRECEDENTIAL

OPINION

PER CURIAM.

Arthur Wayne White, a citizen of Jamaica, was admitted to the United States in 1992 as a nonimmigrant, and later adjusted his status to lawful permanent resident. In December 2009, White pleaded guilty in the Dauphin County Court of Common Pleas to delivery of a controlled substance (crack cocaine), in violation of 35 Pa. Stat. Ann. § 780-113(a)(30). The next year, the Government served White with a Notice to Appear, charging him with removability for having been convicted of an aggravated felony as defined in Immigration and Nationality Act ("INA") § 101(a)(43)(B) [8 U.S.C. § 1101(a)(43)(B)] (illicit trafficking in controlled substance), see INA § 237(a)(2)(A)(iii) [8 U.S.C. § 1227(a)(2)(A)(iii)], and for having been convicted of a controlled substance offense, see INA § 237(a)(2)(B)(i) [8 U.S.C. § 1227(a)(2)(B)(i)]. White, who identified himself as bisexual, applied for asylum, withholding of removal, and protection under the United Nations Convention Against Torture ("CAT") based on his sexual orientation.

In February 2011, White appeared before an Immigration Judge ("IJ"). White explained that he was known in Jamaica as being homosexual because he had been molested as a child by a male cousin, George Passley. He also stated that he had been assaulted by neighbors and classmates because of his sexual orientation. After one such fight, White went to the police station, where an officer told him that homosexuals can be killed in Jamaica. White's sister testified that Jamaica is a homophobic society and confirmed that White frequently got into fights growing up because he was accused of being gay. She also stated that Passley's father was killed in a fire which was set by arsonists who were motivated by Passely's perceived homosexuality. White also presented the State Department Country Reports for Jamaica, which included a section pertaining to "Societal Abuses, Discrimination, and Acts of Violence Based on Sexual Orientation and Gender Identity."


The IJ sustained the aggravated felony charge and concluded that White's conviction rendered him ineligible for any relief other than deferral of removal under the CAT. With respect to CAT eligibility, the IJ found that White's evidence was insufficient to meet his burden of showing that he would more likely than not be tortured in Jamaica. In particular, the IJ determined that White was credible, that "it is [not] a stretch . . . to characterize Jamaican society as homophobic," but that "because of the sparsity of the evidence . . . [White] just has not been able to meet his burden of proof." The BIA dismissed White's appeal, agreeing that while "there is evidence of significant problems faced by homosexuals in Jamaica, . . . the evidence does not establish that [White] is more likely than not to be tortured upon return to Jamaica . . . ." The BIA also rejected White's claim that the IJ was biased and concluded that White had waived any claims related to the IJ's conclusion that he was ineligible for asylum and withholding of removal. White filed a timely pro se petition for review of the BIA's decision.

We generally lack jurisdiction to review a final order of removal against a criminal alien, like White, who is removable for having committed an offense covered in INA § 237(a)(2). The Court retains jurisdiction, however, to review "constitutional claims or questions of law" raised in a petition for review.1 INA § 242(a)(2)(D) [8 U.S.C. § 1252(a)(2)(D)]; Papageorgiou v. Gonzales, 413 F.3d 356, 358 (3d Cir. 2005). With respect to CAT claims, the question of the likelihood of torture is a mixed one, comprised of a factual component ("what is likely to happen to the petitioner if removed") and a legal one ("does what is likely to happen amount to the legal definition of torture"). Kaplun v. Att'y Gen., 602 F.3d 260, 271 (3d Cir. 2010). Thus, we may review White's claim that the BIA erred in its application of the law governing CAT protection to the undisputed facts of record. Toussaint v. Gonzales, 455 F.3d 409, 412 n.3 (3d Cir. 2006). The relevant question is whether White "has identified ... evidence to compel the conclusion that it is more likely than not that he will be tortured upon return to [Jamaica]." De Leon-Ochoa v. Att'y Gen., 622 F.3d 341, 357 (3d Cir. 2010). "Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining . . . information or a confession, punishing . . . for an act, . . . intimidating or coercing, or for any reason based on discrimination of any kind." 8 C.F.R. § 1208.18(a)(1). Such torture must be "inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity." Id.

We conclude that the facts concerning what is likely to happen to White, as found by the IJ, do not meet the legal definition of torture. The IJ stated that Jamaican society is homophobic. Indeed, the 2009 State Department Country Report for Jamaica indicated that the law criminalizes homosexual conduct, which is punishable by up to 10 years of imprisonment. In addition, that Report noted the murder of a prominent gay rights advocate, physical assaults on homosexuals, targeted attacks against a gay rights advocacy group and its members, and the failure of the police to investigate such incidents. The IJ also described the testimony provided by White and his sister. 

White claimed that he had been assaulted by neighbors and classmates because he was perceived to be gay. White's sister confirmed this account, and explained that their uncle's house had been burned because his son, who had molested White, was perceived to be homosexual. Based on this evidence, the IJ found that "there could be random violence against Mr. White." Ultimately, however, the IJ concluded that it was unlikely that White is "going to be detained at some point by someone who is not part of the government, that the government would be aware he is being detained and is going to be subjected to torture, and that the government would undertake no efforts to intervene to prevent such nefarious activity." Given this unreviewable factual determination about what is likely to happen to White, we must conclude that the legal definition of torture has not been satisfied in this case.

Finally, White alleges that the IJ was personally biased against him, as demonstrated by comments made at the beginning of a preliminary hearing. During the hearing, at which White submitted his asylum application, the IJ stated, "I need to submit [the asylum application] to the Department of State, even though it's a worthless endeavor. Totally worthless endeavor." The Board concluded that the IJ's comments "reflect[ed] . . . frustration with some of his required processes, but does not suggest any prejudgement [sic] or bias on the [IJ's] part concerning [White's] claim. We agree. The IJ was apparently referring to the requirement that asylum applications be submitted to the State Department for its optional review and comment. 8 C.F.R. § 208.11(a). The "worthless endeavor" did not pertain to White's application itself, but to the process of submitting the application for review by the State Department. In fact, the IJ thoroughly reviewed White's allegations on their merits. Therefore, we conclude that the IJ's comments did not demonstrate bias.

For the foregoing reasons, we will deny the petition for review.

Footnotes
1. Whether White's conviction constitutes an aggravated felony is a question of law. Jarbough v. Att'y Gen., 483 F.3d 184, 189 (3d Cir. 2007). Importantly, however, White did not raise this issue in his appeal to the BIA. Therefore, as the Government properly notes, we lack jurisdiction to the extent that White now seeks to challenge the basis for his removability. INA § 242(d)(1) [8 U.S.C. § 1252(d)(1)]; Wu v. Att'y Gen., 571 F.3d 314, 317 (3d Cir. 2009).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The actors of the Cotonou Agreement

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

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

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

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

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

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

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

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

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

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

My two cents

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

Is forcing countries to comply the way to go?

Or hitting them economically?

continue HERE

Peace and tolerance

H

Outdoor sex and the issues to being caught

So recently the Star news once again carried a story about gay men in a compromising position but these days one wonders if in a bid to avoid too much scrutiny the pieces are short and lack much in depth information for analysis then again the stories used to be more sensationalized than this but if the retreat is to be brief then that may not be of much help, just properly report the matter and be responsible Star News.


If we care to remember this is the umpteenth story in a line of them some that preceeded the Star news official site and new print format but one could recall to expect a story like this at least four or five times a year in our daily delusional diet of gay happenings that seem to excite the population despite the openly caustic homophobia.


Have a read here of the short piece by Raspert Turner

NAKED MEN FOUND IN BUS - Cops charge them with gross indecency


Rasbert Turner, Star Writer 


The St Catherine South police have taken two men in custody who were caught behaving indecently last Friday.THE WEEKEND STAR learnt that about 9:30 p.m., a police party was on patrol in the Bayside community of Portmore.Upon reaching a section of the road that leads to the Green Bay Range the police say that they saw a parked Toyota Hiace. 


 The officers are said to have checked the vehicle and found two naked men. Closer observation revealed that the men were in a compromising position. They were held and taken to the Portmore Police Station.After questioning both males were charged with gross indecency.THE WEEKEND STAR was informed that the suspects are to face the Spanish Town Resident Magistrate's Court on Tuesday.

ENDS

This business of gay men seeking outdoor sexual activity separate and apart from cruisers who deliberately seek outdoor fun has been an issue for along time and can be attributed to the lack of personal space to find suitable accommodations for such same sex activity given the illegality of buggery (if done at the time) I suspect the men were just making use of the space in the bus in a moment of heated passion. This is not the first bus incident with men aboard having fun one of those that readily come to mind was one in Waterford St. Catherine when an Encava bus at the time was seen parked at a spot for some time and a boy allegedly passed the bus and heard sounds coming from it, an alarm was made and as fate would have it one of the police officers who was on the scene was known to me who is now deceased said he tried to get the men to dress quickly when he entered the bus while the nearby station cops held off an angry crowd who demanded they be released to them so they can enact jungle justice. Let us also not forget that not all hotels, inns and villas allow same sex couples to enter together save and except one uses their initiative and enter alone and bring ones visitor as a guest. Some smaller hotels have had signs openly alerting guests that two males are not allowed and the front office staff enforce it with great alacrity. There have been a few enlightened ones even in the darker days who allowed certain types of men providing one didn't match the stereotypical identity of what most Jamaicans surmise gay men should be. 


Nowadays a story such as this has some negative reaction from the msm community as they ask why didn't the men find a hotel? but as the cartoon from the story depicts the spontaneity of the acts also may negate that decision and as we know with men it a physical thing. Fortunately for them they were charged with the lesser charge in these matters as in older times just on a site like this buggery would have been the more egregious one applied and later allowing the systems and the courts to lower it to Gross Indecency. As I have hinted elsewhere just seeing two men in so called compromising position is not enough to charge as Buggery as anal penetration may not be taking place but an alternate position to give the sensation or feeling of doing the act, in other words leggings or formally known as intercrural sex which is also practiced by heterosexual couples especially when a woman is at her monthly cycle and her male partner may require action but has to resort to fake friction.  


Intercrural sex (termed diamerizein, "to do it between the thighs") was common in the Ancient Greek system of pederasty, where anal sex was considered demeaning to the, usually younger, receiving partner. The historian K.J. Dover wrote about this extensively in his book Greek Homosexuality (1977), from which current theories on the subject of Greek male-male sexuality are largely derived. Joan Roughgarden refers to standing face-to-face intercrural intercourse as the "gay male missionary position" of ancient Greece in a section of her recent book Evolution's Rainbow that draws heavily on Dover. Probably the best we can do is to advise men who have sex with men to chose wisely when making these decisions but the more artful cruisers know the spots where to conduct these actions and the more astute exhibitionists may have mastered further the ways to have actions done in public. There have been stories for example of men who have almost open quickies by a certain spot near an infamous statue and park where taxi operators have witnessed several times over men getting down but the events are kept hush in exchange for a charter at higher than normal prices to the point the parting persons wish to go in case they didn't drive to the area. In 2001 in  St.Catherine, police officers had to rescue two men from being killed by a group of angry residents. The men were allegedly caught having oral sex in the back seat of a car. "Yes, it is something that happens quite frequently," explained an officer attached to the Montego Bay police station. "Homosexuals are afraid to report some of the atrocities that have been carried out against them for fear of being exposed so they remain quiet while criminals walk free. Police officers, many of whom are openly hostile towards gays, are also to be blamed for this. As a member of a human rights group, it is my belief that hate crimes, regardless of against whom, are wrong and should be condemned." The officer noted that male prostitutes plying the streets, particularly in the resort towns of Montego Bay and Negril, are often attacked by what he referred to as "anti-gay thugs," sometimes brutally beaten to the point where they have to be confined to hospitals. He said that there is not much the police can do if charges were not brought forward. "A complaint has to be made before we can act," the officer added.


also see: Harassment, violence and murder reported in the news1996 (Flashback)

MAN FLEES WITH LOVER’S CLOTHES – Leaves him naked at motel says the Star

On homo negative culture and Naked men in HWT

Interesting time in local gay life folks


Peace and tolerance


H