For Human Rights Day 2012: A Challenge, an Invitation, and an Anniversary

Today is World Human Rights Day 2012. I am proud to say that Jamaica’s own Usain Bolt speaks in the United Nations Human Rights Commission‘s special PSA in honor of the day. Well done, Usain.

I am very much less proud of the Jamaican government’s human rights records in many other areas. As you will see from my weekly blog posts, the number of extra-judicial killings by the police is far too high (I don’t think we have been given a figure for 2012, yet). Two and a half years after over seventy Jamaican citizens died, allegedly at the hands of state actors, in Tivoli Gardens, the “interim” report from the Public Defender is still not available. Despite the Prime Minister’s apparent support for the human rights of Jamaica’s LGBT community (on the basis of which she received a glitzy prize from Time magazine, which we all enjoyed) – gays (who are not protected under the new Jamaican Charter of Rights) continue to be persecuted, attacked, harassed and widely discriminated against. Moreover, as you will read in the press release below, the Jamaican Government recently voted AGAINST a United Nations Resolution urging the swift investigation of hate crimes. The PJ Patterson administration withdrew from the United Nations Second Optional Protocol to the International Covenant on Civil and Political Rights in 1997. In August, 2011, the Government finally ratified the United Nations Optional Protocol to the Convention on the Rights of the Child (CRC) on the Sale of Children, Child Prostitution and Child Pornography, nine years after signing it. A small step for children’s rights.

Can we do better? Surely we can. We are all citizens of Planet Earth. We are all human. What is wrong with kindness, tolerance, understanding and living in harmony? What is wrong with Love and Peace?

And the issue of children in state care remains high on the agenda. Because, despite the existence of various Government departments and individuals all responsible for the wellbeing of these unfortunate children, there has been very little improvement in this respect. As you can see from the flyer below produced by the energetic human rights lobby group Jamaicans for Justice (JFJ), there are still many children in lock-ups and adult prisons. Sixteen-year-old Vanessa Wint – a girl whose only crime appeared to be that she was “uncontrollable” – reportedly committed suicide at an adult prison in Kingston, just last month. Her family are calling for a transparent investigation of the circumstances of her tragic death.

Vanessa Wint’s lovely smile.

Tonight at 5:30 p.m., JFJ will host a public forum at the Knutsford Court Hotel in Kingston on “Accountability and Governance for Children in the Justice System.”  The focus will be on children in State care and their rights. The forum will explore the challenges facing children and the State and the actions needed to position the children for success. Guest panellists are: Mrs. Diahann Gordon Harrison, Children’s Advocate, Office of the Children’s Advocate; Lt. Col. Sean Prendergast, Commissioner of Corrections, Department of Correctional Services; Ms. Carla Giulotta, Executive Director, Stand Up for Jamaica; and  Ms. Sheila Mitchell, Chief Probation Officer, County of Santa Clara, California. Come and join the discussion. Our children are precious. And they have rights too.

Last, but not least… Happy anniversary to the Jamaica Forum for Lesbians, All-Sexuals and Gays (J-FLAG), which celebrates its fourteenth birthday today, World Human Rights Day. Please read J-FLAG’s press release below… Happy birthday J-FLAG and congratulations to you on your excellent work in these very difficult times!

Government Must Take Urgent Actions to Respect LGBT Jamaicans

J-FLAG Celebrates 14 Years Promoting Rights for LGBT Jamaicans on International Human Rights Day

December 10, 2012 | Kingston, Jamaica

Today, J-FLAG celebrates its 14th year working to promote the human rights of lesbian, gay, bisexual and transgender Jamaicans.

We have noted progress, which demonstrates our ability as a people to respect our friends, families, classmates and coworkers, among other people who are lesbian, gay, bisexual or transgender. This progress was reinforced by studies, which show that one in five Jamaicans now respects and/or accepts the rights of LGBT Jamaicans and would support an addendum to the Charter of Rights to include non-discrimination on the basis of sexual orientation.

Other notable progress includes:

• Minister of Health, Hon. Fenton Ferguson’s recent statement that Jamaica should repeal the buggery law
• A willingness by politicians from both political parties in the Upper and Lower Houses of Parliament to engage around issues affecting the LGBT community.
• Strengthened relationship with the police, including the Office of the Police Commissioner, which has led to an increase in LGBT persons reporting to the police and the inclusion of sexual orientation in the Police Ethics and Diversity Policy
• Public dialogue on homophobic bullying and human rights much of which has been through the media and several organisations
• Training among public health professionals from St. Ann, St. James and Kingston & St Andrew to improve service delivery that is respectful of the rights to health of LGBT persons
• More gay, bisexual and other men who have sex with men (MSM) are accessing health facilities for services related to HIV and other sexually transmitted infections (STIs)
• Proposed research through the Ministry of National Security to understand LGBT persons’ perception of insecurity and victimization

Notwithstanding this progress, much work remains to be done to ensure that all Jamaicans are treated equally and has equal access to services including education, health and justice.

“These successes speak to the progress we are making as a people in respecting the humanity, dignity and equality of LGBT persons,” said Dane Lewis, J-FLAG’s executive director. “However, given that we have a vibrant LGBT community, much more still needs to be done so we can more forward as a cohesive and just society that intends to become the place of choice to live, work, raise families and do business.”

In a regrettable departure from this progressive path, on November 21, 2012, Jamaica voted[1] against resolutionA/C.3/67/L.36 at the United Nations condemning extrajudicial, summary or arbitrary executions which urges States “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation[2].” Additionally, recent incidents of vigilante attacks on perceived gay persons continue to undermine the achievements and call into question the national commitment to equality for persons of diverse sexual orientation.

The 2012 Boxill Survey shows that about one million Jamaicans believe the government is not doing enough to protect the LGBT community from violence and discrimination, we therefore remind the Prime Minister, Hon Portia Simpson Miller, of her commitment in December 2011 and urge her to take urgent action to protect and promote the rights of LGBT Jamaicans.

We encourage all Jamaicans to embrace our common humanity as a people. We implore Jamaicans to be respectful to everyone as we help make Jamaica a safe, cohesive and just society where we can live, work, raise families and do business. Together we can loosen the chains of prejudice, inequality, crime, violence and intolerance, which continue to stifle our country’s progress. Let us as a people help to build Jamaica so that we can realize the vision of a safe, cohesive and just society.

J-FLAG is willing to assist the government in its efforts to protect and promote the human rights of all Jamaicans, regardless of their socio-economic status, sexual orientation, health status, disability, work, and political and religious persuasions.

I comment regularly on ongoing human rights issues in my weekly Sunday blog posts. Yesterday’s did not appear, due to pressures of time. But it will be back…soon!

Related links:

http://jamaica-gleaner.com/gleaner/20071007/lead/lead8.html (Harding wants quick return to UN human rights protocol)

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper (

U.S. State Department Human Rights Report on Jamaica 2011)

http://www.jamaicansforjustice.org/nmcms.php?snippets=news&p=news_details&id=3856

 (Jamaicans for Justice press release on Vanessa Wint’s death)

https://petchary.wordpress.com/2012/12/01/tivoli-gardens-on-may-24-2010-the-people-were-deading/ (Tivoli Gardens: On May 24, 2010 The People Were Deading)

http://www.ocajamaica.gov.jm (

Office of the Children’s Advocate)

https://petchary.wordpress.com/2012/12/03/sunday-notes-december-2-2012/ (Sunday Notes: December 2, 2012)

https://petchary.wordpress.com/2012/11/26/sunday-wonders-november-25-2012/ (Sunday Wonders: November 25, 2012)

https://petchary.wordpress.com/2012/11/03/sticks-and-stones/ (Sticks and Stones)

https://petchary.wordpress.com/2012/10/16/we-are-family-on-blog-action-day-2012/ (We Are Family)

http://www.jflag.org/2012/12/j-flag-celebrates-14-years/ (

J-FLAG celebrates fourteen years)

http://dmarcuswilliams.blogspot.com/2012/12/haunted-homophobia-homelessness-in.html (Haunted: Homophobia and Homelessness in Jamaica: D. Marcus Williams blog)

Jamaicans for Justice flyer

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