Showing posts with label Jamaica. Show all posts
Showing posts with label Jamaica. Show all posts

Monday, 2 January 2012

Jamaican elections: 'a lesson for all Caribbean cowardly politicians'

Source: Trinidad Express

President of the Coalition Advocating for Inclusion of Sexual Orientation (CAISO), Colin Robinson, says Jamaican Prime Minister-designate Portia Simpson-Miller did the right thing by stating quite clearly that she opposed the discrimination against homosexuals.

Simpson-Miller led the People's National Party (PNP) into victory in Thursday's general elections in Jamaica.

The country with a population of 2.8 million people has developed a worldwide reputation for its strong anti-homosexual views and acts of violence against homosexuals.

During a televised leadership debate on December 20 between herself and Prime Minister Andrew Holness, whose Jamaica Labour Party (JLP) was voted out of office, Simpson-Miller said her administration believes in protecting the human rights of all Jamaicans.
"No one should be discriminated against because of their sexual orientation," Simpson-Miller said.

"Government should provide the protection and I think we should have a look at the buggery law and that members of parliament should be given an opportunity to vote with their conscience on consultation with their constituents.

"But for me, I do not support the position of the former prime minister (Bruce Golding who said he would not appoint a gay person in his Cabinet) because people should be appointed to positions based on their ability and to lead."
Simpson-Miller said she has no intention of prying in the private business of anyone and will appoint anyone with the ability and capacity to manage in her Cabinet.

Robinson said Simpson-Miller's victory, in spite of her statements, is a lesson for all "Caribbean cowardly politicians".
"What the win says is that you do not lose an election by being supportive of the rights and the humanity of gay people," Robinson said.

"Similarly the JLP candidate, who was most outrageous (by) using homophobia as a campaign tool, lost his seat. So the other message is 'bun batty man' and beating the Bible on the backs of gay people will not win you elections."

Wednesday, 28 December 2011

Jamaican election ends with homophobic, violent rhetoric

Jamaican Observer cartoon showing Vaz and Simpson-Miller
By Paul Canning

Update: The PNP has won the election in a landslide.

Jamaican LGBT have criticised the ruling party for the appearance of nasty homophobic rhetoric in the election campaign which ends today. But one ruling party MP has swung back, claiming to have had death threats - from gays.

The homophobia ratcheted up following the historic pro-gay comments made by the opposition leader Portia Simpson-Miller (of the People's National Party, PNP) during a televised debate.

Simpson-Miller said she would have no problem appointed gay ministers in her government, opposed discrimination and said she would review the anti-gay law.

The immediate reaction, as I reported, was mixed - and included some positive comments by church leaders.

However according to Dane Lewis, executive director of the Jamaica Forum for Lesbians, All-Sexuals and Gays, ruling Jamaica Labor Party (JLP) candidates have "unfortunately descended into pulling the sexuality card" in advance of today's vote.

"It's been disappointing that they've chosen this road yet again because it seems to historically be their stance during campaigning," said Lewis, adding that his group is not endorsing any political party.

The PNP has selected a non-gender conforming candidate who has been the subject of a barely veiled homophobic campaign by the JLP.

Jamaican LGBT rights group J-FLAG wrote to the JLP complaining about this tactic.

My report on the campaign was picked up by other LGBT media and this was then reported back in the ruling party supporting Jamaican Observer. This led a ruling party candidate Daryl Vaz, citing my story, to ask if the PNP was receiving funding from "the international gay community" - a common tactic of anti-gay politicians the world over and commonly seen in Africa. He asked if Simpson-Miller had made her comments in exchange for funding - the exact same 'wedge' tactic used against then opposition leader in Zambia, Michael Sata.

Bizarrely, but again not uniquely, according to Vaz, he got two calls on Sunday in which the callers, he said, admonished him for "fighting against" the gays after threatening his life. Police are investigating his claim.

On Sunday, the JLP deputy leader and Mayor of Kingston, Desmond McKenzie, resorted to singing the lyrics of one of Jamaica's notorious dancehall 'kill the gays' songs. "Fire bun", he sang, from T.O.K by Chi Chi Man, which has a line "dem a par inna chi chi man car".

At another weekend JLP meeting candidates loudly stated their love for "boonoonoonus" women - i.e. we're not the 'gay' PNP - sparking a backlash from women's organisations. A JLP minister said decriminalising homosexuality would 'bring god's wrath' on Jamaica - more hurricanes presumably?

In a Sunday editorial, the Jamaica Gleaner newspaper pointed out that words have effects and called the recent developments "not only sad, but dangerous."
"Some might add cynical and vulgar."
The election campaign has ended with polls showing the parties in a statistical dead heat.

UPDATE: Simpson-Miller's comments have now led to calls for the political ombudsman, a post which is supposed to police Jamaica's sometimes violent battle between the two main parties, to resign after he apparently inserted himself into the election campaign. Bishop Blair reportedly told congregants at his church that he opposes the PNP's commitment to review the buggery law.

The influential anti-gay Jamaican activist Shirley Richards, who has extensive ties to US Christianists, has responded to Simpson-Miller citing a number of anti-discrimination issues effecting Jamican-British people, such as adoption, and repeating 'religious discrimination' claims now central to the internationally organised anti-gay forces.

Simpson-Miller herself has defended and repeated her comments. Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11 by glbtqja4

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2011 round up: Part three: Decriminalization of homosexuality and anti-discrimination

Gay Parade 2007, Buenos Aires.
Image via Wikipedia
By Paul Canning

I'm rounding up the year in a series of posts - in which no doubt I've missed something, so please let me know what I've missed in the comments!

Decriminalization of homosexuality and anti-discrimination

We saw an increased impact in 2011 of the work of the UN Human Rights Council, particularly its Universal Periodic Review (UPR) process of interrogating country's human rights records, and other long term work by activists starting to bear fruit in other parts of the United Nations and other international bodies as well.

The passage of a resolution against killings of LGBT at the end of last year, reversing an attempt by the Organization of the Islamic Conference (OIC) and some African countries at halting LGBT progress in international bodies, sparked a global reaction, including demonstrations and novel contact with governments by local LGBT.

It marked the change in approach by Rwanda in particular, which had previously backed off criminalization, with its UN ambassador drawing on the country's experience of genocide to send a message to those claiming that LGBT is not defined or that LGBT don't even exist.

It marked the first sign of historic change in Cuba, which appears likely to culminate in same-sex unions and anti-discrimination laws agreed by the Communist Party next year. The way that other Caribbean countries changed positively on the UN vote on killings also marked a development which continued in several island nations during 2011.

A change of approach by South Africa on the international LGBT rights front, due to internal civil society pressure, led to them proposing the historic July resolution affirming LGBT rights at the Human Rights Council, which then led to the publication of the first UN report on LGBT human rights in December. That July resolution also caused further ripples, including the first public affirmation of LGBT rights by a Gulf civil society group, in Bahrain.

It emerged that the organised backlash against LGBT rights in international bodies, led by the OIC, Russia and the African group, was receiving support from American Christian fundamentalist bodies such as CFAM. The same people who are losing the 'culture war' at home have shifted to intervening in Africa and the Caribbean and various countries repeated their arguments/lies, such as Uganda claiming at the UN Human Rights Council that lesbians and gays 'recruit'. However it was also clear from investigative reporting at UN HQ that many of the no-shows, abstentions or yes votes of various countries during key UN LGBT rights votes was largely down to US diplomatic pressure. This showed how both US and European pressures on LGBT rights is already happening, and working, in a year which saw extensive simplified and often inaccurate reporting on the use of such 'leverage', like the supposed 'colonialist' tying of development aid to LGBT rights.

Four countries committed themselves to decriminalization: São Tomé and Príncipe; Nauru; The Seychelles, and; Northern Cyprus.

In Botswana LGBT launched, then put on hold, a legal push for decriminalisation. and in Belize LGBT started their legal challenge to criminalisation on constitutional grounds. Jamaican law is to be challenged at the Inter-American Commission on Human Rights (IACHR) and the opposition leader called for a review of the buggery law.

In Chile all anti-gay discrimination was banned. Colombia passed an anti-discrimination law which includes prison terms. In South Africa government action began on so-called 'corrective rape', following massive international attention. But in Brazil, passage of a hate crimes law failed due to increased evangelical Christian influence in that country. And in Malawi, the government criminalized lesbians and used LGBT rights as a wedge issue against its opponents.

The anti-criminalization effort at the Commonwealth Summit failed but it did raise the issue widely in media worldwide.

Several former African leaders came out for decriminalization. In her fantastic speech on gay rights at the UN in December, US Secretary of State Hillary Clinton pointedly mentioned one, former Botswana leader Festus Mogue. But only the Zimbabwean leader Morgan Tsvangarai offered support for LGBT amongst current African leaders.
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Thursday, 22 December 2011

Jamaica reacts to opposition leader supporting LGBT rights

By Paul Canning

Update below.

The support of Portia Simpson-Miller, Jamaica's opposition leader, for LGBT rights during that country's election campaign has drawn a mixed response, as have the comments of Prime Minister Holness to the question during a televised debate.

Blogger 'H' writing on Gay Jamaica Watch points out that her statement is not the official position of her party, the PNP. He believed that she was responding to American and British pressure - the issue of 'aid being tied to LGBT rights' - as well as appealing to LGBT voters. He pointed out that the PNP had supported the government when the chimera of 'gay marriage' was raised to deny inclusion of LGBT rights in the Charter of Rights Bill in 2009.

Commenting to LGBT Asylum News, 'H' warned that pushing for decriminalization would likely lead to defeat in parliament:
"She has to be careful though it may very well backfire on here given the political sensitivities involved," he wrote.

"Interesting times lie ahead."
Executive Director of Jamaican LGBT rights group JFLAG Dane Lewis said:
"We're very encouraged by the bold statement from a Jamaican politician the opposition leader Miss Portia Simpson Miller, I am very disappointed that the Prime Minister with an opportunity to make as bold a statement chose the lower road. It is going to take a conscience vote it's gonna take the leaders of this country to make some bold steps to recognise the rights of all Jamaicans."
The Prime Minister missed an opportunity to make a bold declaration on securing rights for all Jamaicans, Lewis said. Lewis trusts the sincerity of the opposition leader, and does not think it's a ploy to win the votes of the gay community days before an election. Asked whether she had made the statement because of 'threats on withholding aid by UK and US governments', Lewis disagreed.

Reaction from religious leaders was - perhaps surprisingly - mixed.

Dr. Lentworth Anglin, Convenor of the Umbrella Group of Churches, said on CVM News:
"We consider homosexuality, lesbianism, same sex marriage to be anti scripture and therefore we oppose that kind of behaviour, we are not necessarily dictating to individuals how they should live, we're just stating a position, we are not trying to necessarily trying to deprive persons of opportunity for service to the nation but we are just simply presenting our position."
The Jamaican Observer, which supports the government, quoted a number of church leaders condemning Simpson-Miller but also the general secretary of the Jamaica Baptist Union, Rev Karl Johnson, and President of the Jamaica Association of Full Gospel Churches, Bishop Rohan Edwards, supporting her on decriminalization.

Desmond McKenzie of the Jamaica Labour Party (JLP) and Mayor of Kingston, on the campaign trail, said:
"I think the debate on this is not for now but it is a debate that should go on but there are moral issues here that as a country that has more church per capita than anywhere else in the world that is something that should not escape our minds right now."
Leading independent newspaper The Gleaner welcomed Simpson-Miller's statement, commending her and urging a change to the PNP's platform.
"By contrast, Prime Minister Andrew Holness waffled," they wrote, "arguing that his "sentiment must be the sentiment of Jamaica". That, essentially, is homophobic."

"But the responsibility of leaders is to lead, not merely to reflect popular sentiment."
Jamaican blogger A.C. Jarvis has documented the mixed response on social media in a long post.

Update:

PNP Has Given No Commitment To Repealing The Buggery Act
The People’s National Party notes that following Tuesday’s leadership debate, some persons have been suggesting that PNP President Portia Simpson Miller, has given a commitment to “repealing” the Buggery Act. The PNP uses this opportunity to state clearly that Mrs. Simpson Miller gave no such commitment.

The PNP President said it was time that the Act be “reviewed” and all members of the House of Representatives provided with an opportunity to vote on the matter based on their conscience.

It would be expected that in such a vote, Members of Parliament on both sides of the House, would take into consideration the views of their constituents.The PNP President remains committed to her pledge to make appointments to a Cabinet led by her on the basis of competence.

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Wednesday, 21 December 2011

Video: Jamaican opposition leader backs LGBT rights in 'historic' moment

Português: A primeira-ministra da Jamaica Port...
Portia Simpson-Miller image via Wikipedia
By Paul Canning

In a moment described as 'historic' by activists, the Jamaican opposition leader has come out for LGBT rights during an election debate.

Jamaicans will go to the polls on December 29 and People's National Party leader Portia Simpson-Miller made the positive comments during an election debate yesterday with Prime Minister Andrew Holness.

Simpson Miller also said that no one should be discriminated against because of their sexual orientation and that if elected Prime Minister she would review the anti-gay buggery law.

She said that she would have no problem with appointing gays to her Cabinet.

Former Prime Minister Bruce Golding famously told the BBC in 2008 that he would never appoint a gay person to his cabinet.

Responding to the same question, Holness articulated the need for Jamaica to achieve minimum standards governing human rights and suggested that such steps were being taken through measures such as the passage of the Bill of Rights. He has previously argued that gay rights are civil rights, not human rights, and therefore not covered by international human rights instruments.

He added that any change to the existing legislation should be made on the basis of due consideration to the views of the people.
“We are an open society and the issues that are difficult and uncomfortable to discuss, as the society progresses, these issues are being discussed. People are entitled to their opinions but as leader of the country I have to respect everybody’s opinion (and) make sure that the institutions of freedom are well in place so that the debate can continue,” said Holness.



The People's National Party (which is in Opposition and trailing in the polls) has selected a non-gender conforming candidate who has been the subject of a barely veiled homophobic campaign by the ruling Jamaica Labour Party (JLP).

Jamaican LGBT rights group J-FLAG has written to the JLP complaining about this tactic.

The PNP has selected another candidate for the traditionally "safe seat" of the tourist resort city of Montego Bay who is rumored to be gay.

Elsewhere in the English speaking Caribbean there has been slow but positive movement on LGBT rights.

At the beginning of the year Caribbean LGBT activists expressed hope for change in 2011.

This followed almost the whole of the Caribbean changed their vote positively - including Jamaica - in a UN vote on killings of LGBT people.

In a January letter to Jamaica's leading newspaper The Gleaner (as well as other regional newspapers), a group of Caribbean LGBT activists, led by the veteran Jamaican LGBT leader Maurice Tomlinson, said that they were proud that a majority of Caribbean nations voted together, in the words of the Rwanda delegation, to "recognise that ... people (of different sexual orientation) continue to be the target of murder in many of our societies, and they are more at risk than many ... other groups".

Yes votes included Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, the Dominican Republic and Grenada and St Kitts-Nevis. Only St Lucia amongst Caribbean nations voted no.

They said that:
We, in the Caribbean, have lived largely free of the levels of violence experienced by postcolonial nations like Rwanda . But we continue to harbour a colonial mentality that some groups are more worthy than others; and homophobic killings are a reality in several places in the region. We hope that, without the need for atrocity to teach us this lesson, our governments will mature in their understanding that everyone has an essential right to equality and protection because they are human.

The vote is a hopeful sign that in 2011 Caribbean governments may get serious about their commitments to these rights at home.
In June, the oldest political party in the Bahamas came out in support of LGBT rights.

The leader of The Progressive Liberal Party (PLP), who are currently in opposition, Perry Christie, said that his party supports “progressive policies.” 
Verna St Rose-Greaves picture Government of T+T


In Trinidad and Tobago (T&T), Gender, Youth and Child Development Minister Verna St Rose-Greaves has strongly supported LGBT rights saying in August that 'all citizens of T&T must respect people’s sexual preferences'.

According to veteran Trinidadian gay activist Colin Robinson
"[Verna] is unusual, but not unique. A number of Caribbean politicians have said some very commonsense things on SOGI [sexual orientation and gender identity] issues, notably Barbados's Esther Byer-Suckoo who, when she had the gender portfolio two years ago, proposed domestic violence legislation that would include gay and lesbian people. Her PM has said discrimination based on sexual orientation is wrong."

"In Guyana, the health minister in one of my favourite speeches, at a regional HIV conference in 2009, said, "I will again place myself in harm’s way. But I need not be timid. I am the Minister of Health and I must be driven by public health reality, not by moral judgment. We live in a world where personal freedom must be acknowledged within the realm of reasonableness and within our legislative dicta. In this regards, sex between consenting adults, even if it is adults of the same gender, in private, falls into the category of personal freedom. I believe our laws are in contradiction of this expression of personal freedom.""

"Then there's the St. Kitts PM Denzil Douglas since the Toronto AIDS conference, both Bahamas parties after the Human Rights Council resolution, our [T&T] PM days after election at an event by the main Hindu group. And the Jamaica Senate President during the vote on the homophobic Charter, followed by the Police Commissioner's apology [for a homophobic statement]. And that's just part of the list."

HT: Maurice Tomlinson
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Tuesday, 20 December 2011

'Ex-gay' myth hits Caribbean

By Paul Canning

The 'ex-gay' religious movement has expanded beyond its American origins throughout the world.

Despite its evident shrinking in the US, with reports that the oldest ex-gay group Exodus International is on the verge of "social and financial oblivion" and widespread mockery of 'therapy' operators like Michelle Bachmann's husband, in the rest of the world it is growing.

Reports emerged in October of over 200 'ex gay clinics' in Ecuador, some of which activists had managed to get closed after the torture they were practicing was exposed. It also emerged that the Hong Kong government is paying for so-called Sexual Orientation Conversion Therapy (SOCT) for LGBT citizens.

In Uganda, it is US 'conversion therapy' Christianist evangelists who have been behind those pushing the 'Kill gays' bill. Because of them the idea that 'the gay' can be cured is widely believed throughout Africa.

Now the same lies pushed by the same American 'ex-gay' propagandists are finding an audience in the Caribbean.

A full page ad published in the leading Trinidad newspaper Sunday Express titled 'What you should know about homosexuality' has outraged local activists. They are calling for any further ads to be blocked by local media standards bodies.

Wrote local activist Brendon O'Brien in a letter to the newspaper:

They looked at this...and thought it was okay to publish? Not that something is wrong with publishing a religiously slanted ad, but one that openly discredits a community, questions their movement towards rights and even, in a sense, undermines their actual existence is definitely a problem. And this tried to do just that, and in a respectful and pseudo-scientific way as well. The publisher should have seen this and seen that it would've caused a problem.

A similar ad was published in Jamaica's newspaper on World AIDS Day. The blog Gay Jamaica Watch pointed out that the false statements in these ads "would only justify the stigmas that people who experience same-sex attraction are not "normal" but are all sexual defiant, mentally unstable, promiscuous and self-selecting."

That Jamaican advert was followed up by a symposium 10 December organised by the Lawyers' Christian Fellowship and attended by many leading Jamaicans, including two judges of Jamaica’s Supreme Court and the Attorney General, and with American and British Christianist speakers. This event was aimed squarely at fighting the growing movement for decriminalization of homosexuality on the island, and throughout the Caribbean. That movement can now count the support of the head of Jamaica's Anglican church, who has called for the repeal of the colonial era anti-sodomy laws.

Writes Jamaican activists Maurice Tomlinson:

"During the nearly 7-hour symposium, the presenters extolled the virtues of Dominionism — the belief that countries must be governed by a conservative Christian understanding of biblical law — and cautioned (actually, more like threatened) Jamaican Christians that if they don't organize a counter-offensive against the militant gay agenda sweeping the world, their beloved country will be overrun by aberrant ideas “hell bent” on destroying marriage, children, and, of course, Christianity."

Tomlinson reported that "the entire proceedings were tightly controlled" and organisers tried to stop anyone offering a correction when false information was presented.

Tomlinson is one of those taking Jamaica's anti-gay law to the Inter-American Commission on Human Rights. The law in Belize is also being challenged as unconstitutional.

Says veteran Trinidadian activist Colin Robinson of the apparently co-ordinated anti-gay Caribbean efforts:

"The region is in the cross-hairs of religious groups in the North who think their battles for Christian Dominion ought to be waged on the bodies of Caribbean gay and lesbian men and women, just like they have done on the corpses of our Ugandan brothers and sisters."

But Robinson also pointed out that:

"In Trinidad, however, just like happened when Phillip Lee from His Way Out Ministries came a year ago, what's happening is that heterosexual people, especially young ones, are mobilizing to say: 'This is wrong and harmful, and we will stand against it'. They are doing a much better job than we are of creating advocates for GLBT rights."
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Friday, 16 December 2011

Jamaican first winner of David Kato award

Tomlinson at Stand against Homophobia, Emancipation Park, Kingston, 28 July, 2011
The inaugural winner of a new international human rights award named for the murdered Ugandan gay activist David Kato is Jamaican lawyer, Maurice Tomlinson

Jamaica is regarded as one of the most homophobic countries in the world, where at least 35 people have been murdered because of their sexuality since 1997. Despite the very real risks to his own life and safety, Maurice Tomlinson has been one of the most outspoken advocates for LGBT rights in Jamaica, working tirelessly to promote change in laws and policies and challenging misrepresentations about LGBT communities.

The culmination of Maurice’s ongoing work is the unprecedented legal challenge to the Jamaican anti-sodomy law, announced in October, that Maurice initiated at the Inter-American Commission on Human Rights. Maurice is leading the legal team to file the first-ever such challenge at the regional level. If successful, it could be the beginning of the end of legalized homophobia in Jamaica, and undoubtedly will have a multiplier effect throughout the Caribbean.

Accepting the award, Maurice recalled those who have been murdered in Jamaica.
"I dedicate this prestigious honour to the memory of David, Robert Carr, 16 year old Oshane Gordon (who was chopped to death in his home in the early morning of on October 18, 2011 because of "questionable relations" with another man) as well as ALL the other martyrs. "Lift every voice and sing!"" he wrote.
In a letter to the Jamaican Gleaber, Tomlinson noted that Gordon's homophobic murder was the second reported on Jamaican TV in three months. He noted that:
"Despite these vicious attacks and many more like them, there are still those who argue that Jamaica's deadly homophobia is a figment of the global North's gay hysteria and an agenda to smear our country's good name."
Frank Mugisha, chair person of the Steering Committee, and Executive Director for the David Kato Vision and Voice Award and Director of Sexual Minorities Uganda (SMUG), said:
"The spirit of the work that David fought and died for is perfectly captured by the very essence of Maurice's tireless efforts in Jamaica and the region. In a highly competitive process Maurice is a worthy recipient of the very first David Kato Vision and Voice Award."
Kevin Osborne, Senior Adviser on HIV at the International Planned Parenthood Federation, one of the sponsors of the award, said:
"Despite advances in many countries the fight for the sexual rights of LGBTI people is far from over. The overwhelming response to the David Kato Vision and Voice Award has highlighted that across the world - in far flung places and regions-  LGBTI people are using our voices and vision to achieve human rights for all. It’s a battle that must be won."
George Ayala, Executive Officer of The Global Forum on MSM + HIV, another award sponsor, said:
“Maurice’s courage and unapologetic determination to raise awareness and to bring people together in support of gay men and their families in the Caribbean embodies the spirit of the David Kato Vision and Voice Award.  Maurice’s work is absolutely critical to the fight against HIV.”
Kato was a leading LGBT activist in Uganda and his death was mourned worldwide, with vigils in several cities and included a statement by President Obama. The murder led to an exceptional, positive editorial in the independent Monitor newspaper described by blogger GayUganda as “a real big deal.” Last month his murderer was sentenced to thirty years imprisonment.

The aim of the new award is to support David’s legacy in continuing to promote human rights, particularly for LGBTI people, and recognizes the incredible and often dangerous work of individuals like David around the world.

It will be awarded annually, to an individual who demonstrates courage and outstanding leadership in advocating for the sexual rights of LGBTI people, particularly in environments where these individuals face continued rejection, marginalization, isolation and persecution. The award will be accompanied by a grant of US$10,000.

The award will be presented at a ceremony to be held at the end of January in London.
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Sunday, 4 December 2011

Video: LGBT Jamaican stories


Until We Have Faces Teaser 1 with Intro from Traveling Muse on Vimeo.

Two Traveling Muse filmmakers supported by Amnesty International; Leslie Foster and Tim Banks, have spent five weeks meeting and filming an extraordinary group of people in Jamaica, to tell the stories about the lives of LGBT Jamaicans and the difficulties faced living in an extremely homophobic society. You can witness the beauty and heartache of their journey in the first teaser.

The Team is currently fund-raising for post-production expenses, more info can be found at: http://indiegogo.com/untilwehavefaces
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Monday, 14 November 2011

"How does a lesbian come out at 13?" UK treatment of lesbian asylum seekers

Balanza de la JusticiaImage via Wikipedia
Source: Women's Asylum News

By: S. Chelvan*

In September 2011, an Immigration Judge addressed this question to the representative of a lesbian appellant from Pakistan, highlighting her disbelief of the appellant, despite the appeal being ready to proceed.1 It is astounding that there are still those who need educating in the simple facts that the differences between straight, as compared to lesbian, gay and bisexual appellants, are in fact found in the experiences of all human beings. This is particularly shocking after the training provided to Immigration Judges by STONEWALL earlier this year following HJ (Iran) and HT (Cameroon),2 which repeated the mantra to the judges, “It is not what we do, but who we are”. Would anyone ever ask “How does a teenager come out as straight at 13?”. In the hetero-normative society we live in, there are still those who assume that every child is programmed as straight as this is ‘normal’, ignoring the core development of a sexual and gender identity, straight, bisexual, gay, lesbian, trans or intersex, based on identity (including desire and love), and not merely conduct, in all human beings.

The rejection of a straight life

Following guidance and training since the UK Supreme Court’s July 2010 landmark ruling in HJ (Iran) and HT (Cameroon)3 there are decision-makers who engage with detailed analysis of such claims, and who would reject as highly unacceptable and legally flawed decisions which are based on personal ignorance, or in some instances blatant homophobic bigotry. For example, in July 2011, the Upper Tribunal reversed the dismissed appeal of a gay man from Uzbekistan, finding the adverse credibility findings as perverse. The deeply flawed approach of the Immigration Judge in the initial appeal included the question “When did you first engage in buggery with your boyfriend?” clarifying that the reference to ‘buggery’ was perfectly acceptable.4 The invisibility of lesbians, bisexual women, trans and intersex women, has until recently reflected the blatant ignorance of asylum decision-makers. The recent Upper Tribunal country guidance case on Jamaican lesbians,5 shows a much welcomed engagement with the core issues of difference, stigma, shame and harm (‘DSSH’)6 which are at the core of the narrative of the majority of LGBTI claims. SW importantly identifies risk categories to those who are, or those who are perceived as lesbian in Jamaica, where an individual does not live a ‘heterosexual narrative’ (i.e. have men ‘calling’ or have a boyfriend/husband and/or have children). Six years since the Tribunal concluded that the finding “there is some force that perception is key” was non-binding,7 the Tribunal has finally applied this to the core trigger of “difference”.

Correcting a historical wrong

This article explores how the development of case law in the past twelve years shows a significant attempt by the UK to identify what is at the core of asylum claims made by lesbians.8 There is a need to recognise that it is the failure to abide by the “heterosexual narrative” which creates the “difference” with heterosexual individuals. This difference is linked to stigma and results in asylum seekers’ shame and a continuing fear of harm in their home country. This understanding is at the heart of identifying the protection needs of women in sexual and gender identity asylum claims. It was the case of two women who feared domestic violence at the hands of their husbands in Pakistan9 in 1999, which established that “homosexuals” could be considered a particular social group in addition to women. Lord Steyn recognised an international consensus based on prosecution, or the potential prosecution, of predominantly male same-sex conduct. This landmark judgment reflects that the Refugee Convention is a living instrument and should be interpreted as such. Ironically and shamefully, this corrected the historical wrong which hid the fact that ‘homosexuals’ were also part of the persecuted in Nazi Germany: in ignoring such facts, the framers of the Convention created a protection gap in the UK of nearly fifty years.10

Thursday, 27 October 2011

Jamaica's sodomy law gets first legal challenge

By Paul Canning

At a press conference in Kingston today, 26 October, Jamaican attorney Maurice Tomlinson announced that the organization AIDS-Free World has presented a first-ever legal challenge to the country’s anti-gay laws.

The group has submitted a petition at the Inter-American Commission on Human Rights (IACHR), on behalf of two Jamaican gay men whose names are being withheld to protect their safety.

Representing the petitioners will be a very high powered legal team including Lord Anthony Gifford, who practices in both Jamaica and the UK and was counsel on a similar and successful case before the European Court of Human Rights, and pro bono attorneys from the US firm Thompson Hine and the Law Center at Nova Southeastern University.

Their argument will be that by criminalizing homosexuality Jamaica is in violation of international human rights laws which it is a signatory to, such as the American Convention on Human Rights.

A similar legal challenge is underway against Belize and Caribbean LGBT groups have been raising the issue of sodomy laws with inter-American bodies for some time.

Although the Jamaican so-called “anti-sodomy law” is not enforced, the argument is that it nevertheless casts a destructive pall over the lives of gay Jamaicans. It feeds a homophobic society in which gays and lesbians are harassed, mocked, vilified, beaten and killed simply because of their sexual orientation. It encourages vigilante justice by private citizens, most of whom believe that the “anti-sodomy” law grants them permission to commit acts of violence against sexual minorities

Driven underground, many fear that seeking an HIV test will brand them as homosexual, and therefore criminal. The national prevalence of HIV is over 30 percent among men who have sex with men, compared to a rate of 1.6 percent in the general population. The IACHR petition establishes clear ties between the country’s active promotion of discrimination and its AIDS epidemic.

In a statement, Tomlinson said that if the Commission decides favorably "other countries in the region with similar anti-homosexuality legislation will be forced to take notice."

"In fact, it is the conviction of AIDS-Free World that a favorable outcome will have a dramatic impact on all countries that persist in the medieval persecution of their citizens on the grounds of sexual orientation."

A new London based group the Human Dignity Trust which includes a powerful group of experts of international law has set itself the task of systematically challenging the sodomy laws which remain in some 70-odd nations.

TVJ Report

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Monday, 24 October 2011

Coke's 'murder music' response: 'too little, too late'

By Paul Canning

Following my writing about Coca-Cola's sponsorship of a music festival in Jamaica where 'murder music' was performed, the company has finally responded. Activists went public following their 'patience running out' after what they called a "protracted but unproductive written and phone communication" with Steve Bucherati, Coca-Cola's Chief Diversity Officer.

A comment was posted by Carlos Diaz, Coca-Cola Franchise Operations Director for South Caribbean to care2.com and LGBT Asylum News and the same response was published as a letter in Jamaica's Daily Gleaner.

Diaz wrote:
"We, too, were deeply disappointed that a program intended to celebrate the heritage of Jamaica included an unacceptable performance that in no way represents the views or values of the Coca-Cola system."
At the Coke Zero Live event in Jamaica in April the reggae artist Sizzla performed the notorious hate anthem 'Boom Bye Bye' which literally calls for the murder of homosexuals.

Veteran Jamaican activist Maurice Tomlinson says that there is at least one documented instance in Jamaica where 'Boom Bye Bye' was directly linked to the murder of a gay man.
"Diversity is one of our key values, and we do not tolerate discrimination of any kind, including discrimination based on sexual orientation," wrote Diaz.

"As a result of this regrettable incident by one artist, we are reassessing and strengthening our efforts to ensure that events we sponsor are not used as platforms for espousing hatred and discrimination. We are continuing to work with the advocacy groups that brought this situation to our attention."

"We apologize to all who were offended by this performance, and we we want to ensure that our views on this incident are clear."
The response was described as "too little too late" by Tomlinson.

Tomlinson and the group AIDS-Free World have been trying to get a public response from Coca-Cola for over six months. It was only when I wrote about it, after AIDS-Free World released a letter to Steve Bucherati, that Coca-Cola publicly responded.
"After Sizzla used a worldwide platform provided by Coke to call for the execution of gays," says Tomlinson, "a fact which was brought to the attention of the company nearly six months ago, the organization feels that a blog post and a letter to the editor will now make all well again. This is ludicrous."

"One wonders if Sizzla, instead of calling for the execution of gays, had instead demanded the death of all Jews. Would Coke's response have taken the form and the length of time it did? I doubt it."

"The fact is that Coke's response to this hateful tirade by Sizzla palpably demonstrates the (lack of) regard the company has for the notion of equality of homosexuals. Coke can and must do more to make this right."
Diaz's comment does not respond to the four 'asks' which have been made of Coca-Cola:

This is what Coca-Cola is being asked to do:
  1. Publish a full-page advertisement in the Sunday edition of the three major Jamaican newspapers (the Jamaica Gleaner, the Jamaica Observer and the Sunday Herald) as well as a full-page advertisement in the Western Mirror denouncing Sizzla’s homophobic performance and expressing support for sexual diversity;
  2. Issue a formal statement explaining that it will no longer sponsor artistes who are known to have performed and refuse to apologize for homophobic songs;
  3. Include a clause in all future sponsorship agreements prohibiting homophobic speech or actions against performers, and in the event of a breach, specifying sanctions, including a termination of the sponsorship arrangement; and
  4. Sponsor a concert in Jamaica devoted entirely to artists who have not engaged in homophobic slurs, and that specific condition would be the centrepiece of the advertising for the concert.
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Sunday, 23 October 2011

Report: The state of LGBT human rights in Jamaica

Coat of arms of Jamaica.Image via Wikipedia
Human Rights Violations of Lesbian, Gay,  Bisexual, and Transgender (LGBT) people in Jamaica: A Shadow Report
  • Submitted for consideration at the 103rd Session of the Human Rights Committee
  • October 2011, Geneva 
  • Submitted to the United Nations Human Rights Committee by:
•  Jamaica Forum for Lesbians, All-Sexuals, and Gays (J-FLAG)
•  Women for Women (Kingston, Jamaica)
•  Heartland Alliance for Human Needs and Human Rights
•  International Gay and Lesbian Human Rights Commission (IGLHRC)
•  AIDS-Free World (AFW)
•  The George Washington University Law School International Human Rights Clinic
The human  rights situation of  Lesbian, Gay, Bisexual, and Transgender (LGBT) people in Jamaica is dire. The Jamaican government recently amended its Constitution, adding a new Charter of Fundamental Rights and Freedoms (Charter). However, the Charter does not contain protection against discrimination on the basis of sexual orientation or gender identity.

In fact the Jamaican government explicitly excluded protections on the basis of “sex” and instead granted  protections  against  discrimination on the grounds of being  male or female, thus excluding any possibility for judicial interpretation of the Charter as including protections on the basis of sexual orientation and gender identity.

Jamaica retains colonial legislation criminalizing same-sex sexual conduct. A constitutional provision prevents judges from reviewing the constitutionality of any laws enacted prior to the adoption of the constitution. The only potential manner of overturning these laws is through legislative mechanism. However, the legislature has refused to take steps to strike down these provisions, and the Jamaican Prime Minister has explicitly stated that he does not support any attempt to repeal these laws.

Jamaican politicians publically engage in homophobic speech, which fosters an atmosphere of intolerance towards LGBT people within the Jamaican population.  Violence and discrimination against LGBT individuals  is  common  and  widespread. Often the police, the Jamaican Constabulary Force(“JCF”), are complicit in these crimes. Even when the police are not involved, the government is in violation of its obligations under the International Covenant on Civil and Political Rights (ICCPR) for failing to protect, investigate, and prosecute perpetrators of violence and discrimination against individuals on the basis of their sexual orientation or gender identity. Further, the Jamaican government offers no protections to LGBT individuals. Similarly situated
individuals in opposite-sex and same-sex relationships are treated differently under Jamaican law.

Transgender persons are afforded no legal recognition of their preferred gender, which marginalizes them from the rest of society. Additionally, the atmosphere of intolerance denies LGBT individuals access to minimum state services, such as health care and police protection.

The state of LGBT human rights in Jamaica

Tuesday, 18 October 2011

US court agrees to deport gay Jamaican

Seal, United States Court of Appeals for the T...Image via Wikipedia
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."

Thursday, 13 October 2011

Video: Why is Coca-Cola sponsoring 'Murder Music'?

Source:

Sizzla performance begins at 13.55.



By Paul Canning

A protest against Coca-Cola's sponsorship of a 'murder music' festival in Jamaica has hit a dead end as the company has stopped negotiations with activists.

The group AIDS-Free World as well as the veteran Jamaican activist Maurice Tomlinson have been talking to them since 'murder music' was performed during the 4-day Coke Zero Live concert in Montego Bay, Jamaica in late April 2011.

'Murder music' promotes violence against LGBT people through its lyrics. It primarily comes from certain dancehall and ragga artists such as Buju Banton, Bounty Killer, Sizzla and Capleton. There has been a campaign against it since the 1990s which has won important victories.

At the Coke Zero Live event Sizzla performed the notorious hate anthem 'Boom Bye Bye' which literally calls for the murder of homosexuals. Sizzla is unable to find performance venues in either the UK or USA because of his reputation. In 2004 he was among a group of artists who were being investigated by Scotland Yard for allegedly inciting murder of homosexuals through their lyrics.

Tomlinson says that there is at least one documented instance in Jamaica where 'Boom Bye Bye' was directly linked to the murder of a gay man.

AIDS-Free World has now written to Steve Bucherati, Coca-Cola's Chief Diversity Officer, accusing them of engaging in a "protracted but unproductive written and phone communication."
"It is inconceivable to us that you have utterly failed to respond to our efforts to focus your attention on Coca-Cola’s indefensible sponsorship decision," they write.

"Our patience has run out." 
Bucherati had claimed, says Tomlinson, that the company’s local staff were are not aware of Sizzla’s global reputation for inciting the torture and execution of homosexuals. He also claimed to have submitted a letter of apology to regional Jamaican newspapers, which was never published.

Bucherati, says Tomlinson, promised to submit an article to all Jamaican newspapers once the sponsorship policy review was completed, apologizing for the Sizzla concert and announcing a new corporate policy.
"The Coca-Cola Company’s sponsorship of any murder music is inexplicable. Your subsequent failure to act immediately to ensure that Coca-Cola disavowed the sort of public frenzy of homophobia whipped up by Sizzla cannot be excused," they say.

"Months ago, you assured us that Coca-Cola had suspended all concert sponsorships in Jamaica, and had in fact undertaken a worldwide review of its sponsorship policies in all of its global markets so as to avoid another incident like the Sizzla debacle. However, you failed to commit to a timeline for this alleged sponsorship policy review, and gave us no way to gauge the review’s progress, if any has been made."
Coca-Cola, says the letter, "has the resources and capacity to initiate and complete projects with great speed, provided that it considers them important."
In September, Coca Cola's CEO, Muhtar Kent, was honored at the Clinton Global Initiative for being among the first to join the 10-year-old Global Business Coalition on HIV/AIDS (now known as GBC Health).

Says AIDS-Free World:
"Coca -Cola hasn't just fallen short of the voluntary corporate social responsibility ideals to which the company has committed itself under the UN Global Compact; Coca-Cola’s actions have affirmatively produced damage ... Until Coca-Cola takes the lead in denouncing homophobia, and takes decisive and public action in remedy, the public will be left with the impression that The Coca-Cola Company endorses violence, human rights violations, and homophobia."
This is what Coca-Cola is being asked to do:
  1. Publish a full-page advertisement in the Sunday edition of the three major Jamaican newspapers (the Jamaica Gleaner, the Jamaica Observer and the Sunday Herald) as well as a full-page advertisement in the Western Mirror denouncing Sizzla’s homophobic performance and expressing support for sexual diversity;
  2. Issue a formal statement explaining that it will no longer sponsor artistes who are known to have performed and refuse to apologize for homophobic songs;
  3. Include a clause in all future sponsorship agreements prohibiting homophobic speech or actions against performers, and in the event of a breach, specifying sanctions, including a termination of the sponsorship arrangement; and
  4. Sponsor a concert in Jamaica devoted entirely to artists who have not engaged in homophobic slurs, and that specific condition would be the centrepiece of the advertising for the concert.
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Saturday, 1 October 2011

Video: Murder of alleged gay man in Jamaica

Source:

Saturday, 17 September 2011

In UK, ‘inhumane treatment’ of black deportees slammed by report

GLASGOW, SCOTLAND - MARCH 09:  Asylum seekers ...Image by Getty Images via @daylife
Source: The Voice

By Merissa Richards

Nigerian and Jamaican immigration detainees have been subjected to degrading treatment, use of force and racist language from private security officers while being removed from the UK, according to two major reports.

The reports, from Chief Inspector of Prisons Nick Hardwick, were compiled after inspectors accompanied 104 security officers who escorted 35 detainees to Jamaica, and another 131 security staff who escorted 53 detainees to Lagos, Nigeria and in March and April of this year.

The security guards were employed by private security firm G4S and escorted the deportees on behalf of the UK Border Agency (UKBA).

The Jamaican report said:
“Some were placed in handcuffs for long periods despite showing no evidence of resistance or violence. It was particularly concerning that staff had not received full accredited training for use of force in confined spaces.”
Nigerian detainees also suffered similar indignities according to the second report called Detainees Under Escort: Inspection Of Escort And Removals To Nigeria.

Thursday, 15 September 2011

Groundbreaking conference looks at sexuality in English-speaking Caribbean

Self modified from https://www.cia.gov/cia/pub...Image via Wikipedia
By Dr Perry Stanislas

Emerging Sexualities and Race: Responses to Sexuality in Jamaica and the English Speaking Caribbean and Caribbean Diaspora

An Interdisciplinary Conference organised by Department of Community and Criminal Justice, De Montfort University (Leicester) and the Department of Sociology, Warwick University

21-22 October 2011, The Scarman Conference Centre, Warwick University


The desire to have an open and informed debate about sexuality and human rights in the English speaking Caribbean has led to organising the first international conference of its type to address these and related concerns.

In this regard we are blessed to have some of the most influential voices in matters related to human rights, sexuality and equality in the Caribbean who first penned their views on this issue. These include Cecil Gutzmore, Denise Noble and Camille Nelson and in Britain Dr Tony Sewell and his pioneering work on black boys and education. The conference is also very happy to have internationally known human rights activists Peter Tatchell who played a pivotal role in the internationalization of the Jamaican dancehall homophobia issue.

It was very reassuring in the organising of the event that there was no shortage of international participants, especially from the developing world. However, funding to attend such events is a major problem with those from poorer parts of the world. The issue of funding and resources is crucial to how research and other work develop in these parts of the world and something which requires serious discussion which will be explored over the two days event.

Some very important issues that conference participants can look forward to discussing is what can be done by those from the Caribbean diaspora and supporters of change to influence the attitude of governments in the Caribbean.

Friday, 9 September 2011

Jamaican bloggers discuss ban on pro-gay TV advert

Source: Global Voices

By Janine Mendes-Franco

The Jamaica Forum for Lesbians, All-sexuals and Gays (J-FLAG) recently produced a public service announcement aimed at encouraging Jamaicans to unconditionally accept members of their families who are homosexual. The organisation hoped to have had the spot broadcast on national television in August - but as a new month begins, the Jamaican media still appear to be firm in its stance that it will not air the advertisement, which features former Miss Jamaica World and Miss Jamaica Universe Christine Straw and her gay brother, Matthew, sharing their personal story.

Public service announcements are typically aired free of cost in Jamaica, but in discussions, media heads have apparently said that even if it were a paid ad they still would not broadcast it because they reserve the right to decide on content.

The issue has sparked controversy in Jamaica, a country that is widely perceived as being homophobic, thanks in part to this and this. Much of the debate appears to be taking place through mainstream media - either via the comments section of online newspapers, letters to the editor and talk shows. There has been some discussion on Twitter, and a few bloggers have commented on the issue, making sure to upload the video of the PSA to their blogs.

To examine the controversy more closely, I asked Annie Paul, who lives in Jamaica, and two diaspora bloggers, Kathy Stanley (whose cousin, a prominent gay rights activist in Jamaica, was murdered in June 2004) and Kei Miller (who has written extensively on homophobia in Jamaica), to share their thoughts.
Annie is the Publications Officer at the Sir Arthur Lewis Institute of Social and Economic Studies at the University of the West Indies, Mona campus and a founding editor of the journal Small Axe.
Kei is an author and educator whose collection of short stories exploring the issue of Jamaican homophobia was shortlisted in 2007 for a Commonwealth Writer's Prize. He currently teaches Creative Writing at the University of Glasgow.

Kathy is a writer and poet who is also passionate about environmental preservation. She is about to begin her Master's Degree.

The PSA and the media

Global Voices: To what extent has the media influenced public attitudes toward the PSA (although the spot is available for viewing online) by characterising it as “pro-gay” rather than “pro-tolerance”?

Wednesday, 31 August 2011

Video: Music: Mista Majah P: Gay Bullying is Wrong

Source:



Mista Majah P "Gay Bullying is Wrong" telling bullies world wide bullying is wrong. PLEASE STOP.

By Peter Tatchell

Jamaican reggae singer Mista Majah P has released the world’s first pro-gay reggae album. Called Tolerance and featuring rainbow stripes on the cover, the album includes 11 songs, variously in support of same-sex marriage and adoption by gay couples, as well as attacks on homophobic bullying and the US military policy, Don’t Ask Don’t Tell.

The tracks also feature swipes at the anti-gay prejudices of ‘murder music’ reggae singer Beenie Man and of the Jamaican Prime Minister Bruce Golding.

The Stop Murder Music campaign, of which I am the international coordinator, since 2004 has protested against eight reggae singers who have put out songs encouraging and glorifying the murder of lesbian, gay, bisexual and transgender (LGBT) people.

Although Mista Majah P is not gay, he supports the LGBT communities and gay equality. Explaining why he created the album, Mista Majah P said:
“I want to counter the myths that all Jamaicans are homophobic and that all reggae music is violent and anti-gay. I’m seeking to challenge ignorance and reach out to gay people.”
“My hope is that this cd, Tolerance, will break down the homophobic stance that certain reggae artists and heads of government have taken towards the LGBTQ community. Because of the hateful songs that some performers have been singing, gay people have been threatened and harmed."
"Some foolish people act upon what these artists are preaching because they worship these artists like gods. My music is about tolerance. It shows that reggae music can respect gay and lesbian people. Reggae music used to be about love, peace and unity. Now it is too often about bigotry and violence. I want to bring the music back to its progressive roots,” said Mista Majah P
Since releasing the album, Mista Majah P has received numerous death threats and has been warned to not return to Jamaica (he currently resides in California). He’s undeterred and defiant, stating that ‘murder music’ has given reggae a negative image, which is bad for the music industry and for all reggae artists.

Mista Majah P - Love and Tolerance

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