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JAMAICA
Taking a Stand Against Homophobic Violence
By Zadie Neufville
KINGSTON (IPS) - Jamaican homosexuals battered by violence and discriminatory
laws hope to benefit from public defender Howard Hamilton's willingness
to stand up for anyone whose constitutional rights have been violated.
With
more than 38 homosexuals killed here since 1980 and hundreds of
alleged homosexuals viciously beaten, driven from their homes and
jobs, the Jamaica Forum of Lesbians, All-Sexuals and Gays (J-FLAG)
has been lobbying for a constitutional amendment that would grant
them equal protection under the law.
But that could be a long time coming. So for now, their hopes of
justice hinge on Hamilton.
''Where their constitutional rights have been breached and where
one's right to life is affected,'' Hamilton says, that person is
entitled to the full protection of the law.
He
notes that while there is no legal protection from discrimination
because of sexual orientation, they can seek protection under various
statutes.
''Violence of any kind, whether it be against homosexuals, cannot
be tolerated in civilised society,'' he says.
Under the 1962 constitution, discrimination because of race, creed,
and religion is forbidden. But there is no protection from abuse
because of gender or sexual orientation. Hamilton, as public defender
and ombudsman, must protect the rights of all citizens but says
he is unable to advocate the freedom of expression of homosexuals
because homosexuality is against the law.
Prime Minister PJ Patterson vowed last year that he would make no
changes to anti-homosexual legislation. This remains a significant
obstacle to J-FLAG's hopes for constitutional reform. Any amendment
to the constitution is likely to take years - a freedom of information
act has been in the works since 1993- and with anti-gay sentiments
high, no government is willing to take the risk, says Steve, a media
professional who asked not to be identified by surname for fear
of coming to harm if he is known to be a gay man.
Patterson's stance has found favour with many, but it has put Jamaica
in the international spotlight. The Country's position is in breach
of United Nations human rights regulations to which the country
is a signatory and according to Hamilton, the country has to uphold
the regulations it signed.
Hamilton's is a position that won't sit well in a society where
homophobia is institutionalised and where homosexuals are constantly
targeted for abuse and discrimination. Donna Smith, J-FLAG spokesperson,
says anti-gay statements by Governor General Howard Cooke, the head
of state, indicate just how deep-rooted homophobia is in Jamaican
society. Cooke has sanctioned the exclusion of gays from the boys
scouts.
"Those persons are not the type of persons we wish to be a
part of the scout movement," Cooke, referring to gays, told
a local newspaper.
The human rights group Amnesty International, in a recent report
on hate crimes, listed Jamaica as one of three Caribbean nations
with laws that promote discrimination against homosexuals.
According to Amnesty, ''Laws that treat homosexuals as criminals
lend support to a climate of prejudice which increases the risk
of attacks (and) other abuses.'' Amnesty also highlighted the case
of four men arrested on charges of gross indecency at Kingston's
International airport in November 1996 and who were held naked in
full view of the public for more than 24 hours.
The men were reportedly taken to the rape unit, where they were
sexually assaulted. Later, they were made to clean cells and toilets
with their bare hands at the Kingston remand centre and their cells
were left unlocked so other prisoners could beat them.
It is cases like these that Hamilton will most likely look at, and
even he admits there is a tough fight ahead.
The police admit intolerance among their own ranks, with many arrests
and illegal home invasions designed to cause embarrassment. With
victims reluctant to come forward out of fear of humiliation and
further violence, many won't press charges, J-FLAG concedes.
But the first order of business for Hamilton is to find out who
was responsible for the deaths of 16, and injuries to more than
40, alleged homosexuals in 1997, in the worst single case of anti-gay
violence.
That was when prison officials, in an attempt to fight the spread
of HIV/AIDS in prisons, announced their intention to distribute
condoms. In response to the allegations of sex in the prisons, inmates
at the St. Catherine District Prison and Kingston's General Penitentiary,
two of the island's largest jails, rioted after warders walked off
their jobs incensed by what some described as ''a homosexuality
label.'' The case remains of great interest to Amnesty, the group
says, because no one has been held accountable for the incident.
Former prison doctor Raymouth Notice blames the riot on over crowding,
poverty, and politics. Over crowding, he says, leads to rape and
secret homosexual relationships.
According to J-FLAG, alleged homosexuals in the inner city are particularly
at risk. Last year, one man was shot to death even as he sought
refuge in a churchyard in central Kingston. In the past few weeks,
a group of university students were severely beaten in central Jamaica,
and in another incident, police were just on time to prevent the
deaths of two young men at the hands of a mob.
The problem stems from the existence of laws that outlaw homosexual
relationships and give the public "license" to abuse homosexuals,
Smith says.
Pointing to section 76 of the 137-year-old buggery law in the Offences
Against the Person Act, Smith notes that consenting adults can be
imprisoned for to 10 years with hard labour if they are caught in
the act.
J-FLAG wants the laws repealed or the constitution amended to give
homosexuals the rights afforded every other Jamaican. It's a life
and death situation, Smith says, because in Jamaica, homosexuality
is not only against the law, it is also seen as abnormal and wicked,
and in light of highly publicised cases of rape and buggery of minors,
an unwanted part of society.
J-FLAG's actions have earned the ire of many influential locals
including radio talk show host and attorney-at-law Antoinette Haughton,
who says she believes that homosexuals who desire freedom of expression
should live outside Jamaica.
"They want to corrupt our children and tell them it's OK to
live immoral and nasty lives," she says. It is a view supported
by the traditional churches and recently verbalised by evangelist
Errol Hall when he told his congregation that homosexuals should
come and have him lay his hand on them and ''cast out the demons.''
''They believe homosexuals are the way they are because they choose
to be. Why would someone choose to be something that is scorned
and hated?'' Smith scoffs.
Jamaica's homophobia came to international attention in 1993 with
Dancehall star Buju Banton released 'Boom Bye Bye', promoting a
bullet to the head for homosexuals.
Another musical group, TOK, has released an anti-homosexual song,
'Chi Chi Man', which is being promoted in the United States. It
advocates killing homosexuals by ''full them with copper shots.''
Until recently, fear of violence and discrimination meant J-FLAG
had no face. But Smith, a lesbian, says ''Jamaicans need to see
that their brothers, sisters, cousins are or can be gay.'' She believes
that many parents disown homosexual children because of the violence
that fuels homophobia. It is also the reason local human rights
groups give for not offering their support to homosexuals.
Jamaica's acute homophobia is also stalling the Ministry of Health's
safe sex and HIV/AIDS education campaign, forcing Chief Medical
Officer Peter Figueroa to call for the buggery laws to be repealed.
It is a position Notice, the former prison doctor, supports because
the law prevents the adequate care and counselling of victims of
prison rapes, and hampers HIV/AIDS education and prevention programmes
among inmates.
(END/IPS)
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