CVM @ Sunrise earlier today January 11, 2012 dealt with the supposed JFLAG gauntlet of sorts for a meeting with the new Prime Minister Mrs Portia Simpson Miller on her promise as it were to review the buggery law and a subsequent conscience vote in parliament on repealing it, she had not issued a timeline for the suggested move but JFLAG has been reported as saying they want the matter to be brought up within 100 days of the new government taking office and this is not going down well in certain quarters including the religious community who have arrived at conclusions that the lobby group is demanding action on the strength of some possible donations to the PNP political party during the last election campaign. They have denied such allegations since.
video: here is a reminder of Mrs. Simpson Miller on the matter during the leadership debate preceding the elections:
In a post on my sister blog GLBTQJA on Wordpress entitled: JFLAG wants PNP to discuss Buggery Law within 100 days of assuming office a CVM TV news item was also included
Dane Lewis Executive Director of the J told CVM TV that he expected the issues to begin to placed on the table within 100 days, "To be realistic we would imagine within the first 100 days the issue could be raised we can look at how to proceed," Mr Lewis said while JFLAG is not expecting a conscience vote to repeal the buggery law within the first 100 days discussions are important as Jamaica has a 2012 deadline to meet according to the international covenant on human rights, “….one of the leading recommendations made in November last year was that Jamaica should report by 2012 on what concrete steps to removal of discriminatory laws,” Mr Lewis said.
According to Mr. Lewis JFLAG is willing to make small steps in acquiring legal recognition for homosexuals he says although gay marriage is legalized overseas JFLAG is not pursuing that as part of its lobby at this time, "gay marriage is certainly not an item on our agenda, we still have a large issue of discrimination …. people are being evicted from their homes, people are being physically abused because of their sexual orientation and we want to begin to address those issues."
He acknowledges that the discussion of gay rights will be met with strong public opposition however he says as was demonstrated by Mrs Simpson Miller we should be strident in dealing with issues impeding human rights, a solution to the issues concerning gay rights will help to deal with HIV/AIDS.
Co-host of CVM @ Sunrise Rohan Dailey had the Reverend Dr. Henley Morgan and attorney-at-law Arlene Harrison Henry of the Independent Jamaica Council for Human Rights at first to discuss the JFLAG's position on 100 days for a meeting with the new PM, as you may have gleamed from the audio above Reverend Morgan walked on eggshells trying to make his position between the folds thus leading to the church's position versus his own and some clarification from Ms Henry. He also made it clear he didn't think gay marriage rights are to be extended same gender loving persons. It almost sounded scripted on his part, he struggled with the nature versus nurture matter whether persons were born gay or not while Ms Harrison Henry was on the ball from the get go where she clearly stated the gay community was not asking for gay marriage rights. She also made mention of the fact that the Charter of Rights made it clear that marriage is between a man and a woman obviously infused in anticipation of the issue being raised again by the then joint select committees who finalized the document. She also said a conscience vote could not be had unless there is national debate and education.
One thing I had an issue with in as far as Mrs Henry's definition of buggery was concerned was where she said "...the legislative scheme sections 76 of the Offences Against The Persons Act treats with Buggery which is intimate relations between man and man or man and woman,it is that which is prohibited but the loving of same sex is not an illegal act...." she was speaking in the context of homosexuality not being illegal in Jamaica. To simply leave it open as intimate relations is vague in my view seeing that the buggery law is specific to anal penetration intimate relations can also mean non penetrative sex or so called compromising positions which may include partnered masturbation, intercrural sex (faking penetration by placing erect penis between legs of a passive partner, practiced by heterosexual couples when the female is seeing her monthly cycle) and or frottage, gross indecency would probably cover those outercoursal activity. She also said with women they cannot commit any act of buggery but I am thinking what about women who employ sex toys as part of their activities and said toy is used in anally penetrating a consenting partner?
Rev Dailey also reminded us of the former Senator Oswald Harding's position in 2004 on the buggery law repeal suggestion.Here is Mrs. Simpson Miller in a subsequent outdoor political campaign meeting defending her comment
Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11 by glbtqja4
We must not forget the presence of some anti gay figures in the PNP who are still in the structure that of former Attorney General A. J Nicholson who supported nearly every anti gay move during his years including the tumultuous years of the Sexual Offences Bill Debates, the Charter of Rights struggles and his open castigation of gay marriage
, even Portia Simpson Miller herself sided with Bruce Golding on the no to gay marriage smoke screen after digging my archives I found the presentation by Mrs Simpson Miller in 2009 (poor audio though) where she sided wholeheartedly with the then Prime Minster Bruce Golding (his speech linked) on the banning of gay marriage, gay marriage rights by the way was never asked for by the LGBT advocacy structure but it was dishonestly pushed on the agenda during the Charter of Rights debate then as a smoke screen to deny us recognition in the Charter. The same document that clearly defines marriage between a man and a woman, it also does not protect persons from discrimination due to sexual orientation but only on the grounds of ones biological form.She said on October 20th 2009 - "Mr Speaker when we accepted the final report from the joint select committee that were looking at the bill we were completely satisfied with their recommendation of a provision to restrict marriage and like relationships to one man and one woman within Jamaica and that the provision should be specifically spelt out so that there could be no ambiguity .......... yes one man one woman (laughter in the house) and if you are Jamaican and go overseas the same applies ..........."
Has her position changed so radically? ........ Interesting times lie ahead people.
Peace and tolerance
H
UPDATE Jan 13, 2012
Meanwhile JFLAG tries to clear up the ultimatum versus request mess on the 100 day issue with the PM and the buggery review via yet another press release:
Kingston — January 12, 2012
The Jamaica Forum for Lesbians, All-Sexuals and Gays (J-FLAG) wishes to clarify that the organisation has NOTgiven the government an ultimatum.
On January 3, 2012, CVM TV contacted the organisation for a comment on its expectations of the new administration following the Peoples National Party’s (PNP) win in the General Elections. This was in the context of the bold pronouncements the Most Honourable Portia Simpson Miller had made during the leadership debate. NewsWatch reported, J-FLAG’s Executive Director, Dane Lewis as saying “To be realistic, I imagine within the first hundred days at least the issue could be raised, with a look at how to proceed.”
However, many have misinterpreted this statement of expectation as an ultimatum. Mr Lewis also highlighted that Jamaica is required by the end of 2012 to report to the UN Human Rights Committee reviewing Jamaica’s status under the International Covenant on Civil & Political Rights “on what concrete steps it’s [Jamaica] making towards removal of discriminatory laws”. It is within this context that the comment was made. J-FLAG wishes to reiterate that it has not issued an ultimatum but offered a comment on what could be done by the Government within the first hundred (100) days to demonstrate its recognition of the broad human rights concerns that affect all Jamaicans. This is a common strategy which has been used by many other organisations in civil society and private sector.
Like all Jamaicans, J-FLAG remains committed to the human social and economic development of Jamaica. In so doing, J-FLAG will continue to defend the rights of lesbian, gay, bisexual and transgender Jamaicans from discrimination, harassment and violence.
ENDS
As I hinted in a previous post on my sister blog GLBTQJA on Wordpress mistakes such as granting a telephone interview (sans any consultations with the community I might add) to the media in a "hot environment" when homosexuality or related matters are in the public domain is a no no, all the J should have done was waited and not mention anything at all to do with any time line in any way, shape or form now for it to be misrepresented as an ultimatum. We have had previous misconceptions before of JFLAG's position by media and one would have thought that as a former media participant himself the Executive Director of JFLAG Mr. Lewis would have known the ins and outs of local media with regards to hot button issues such as this. The San Francisco boycott some years ago and the suggested EGALE tourism boycott as well are prime examples of learning curves for the group and speaking just a little too much but when it's time to speak there is silence. How many mistakes are there to be made before it is perfected? one never knows.
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