KINGSTON, Jamaica— The Jamaican Network of Seropositives (JN+) has certified the Kingston and St Andrew Municipality as a Stigma-Free Space, as part of the push to eradicate HIV related stigma and discrimination in Kingston.

The Municipality, with the resounding support of the Mayor of Kingston, Senator Delroy Williams, has piloted this initiative as part of its mandate.

Executive Director of the Private Sector Organisation, Imega Breeze McNab expressed her organisation’s support for the initiative.

“This could not have come at a better time. It is critical that our citizens empathise and have room for each other, accepting our differences as individuals,” she said.

“The experiences of businesses locally and internationally have shown that a diverse and inclusive workforce increases productivity,” she added.

In his address, Williams said that the City of Kingston was happy to take on this initiative. “People don’t understand how important ending stigma and discrimination is to ending HIV in the city of Kingston,” he said.

The mayor added that the project has the full participation and commitment of the municipality.

A joint statement from JN+ and UNAIDS noted that HIV/AIDS-related stigma and discrimination are widespread across the country and affect individuals living with and affected by the virus.

The 2019 HIV Stigma Index 2.0 conducted by the Jamaican Network of Seropositives revealed that 33 per cent of persons living with HIV in Jamaica experience stigma and discrimination.

In 2019, the Caribbean Research Policy Institute (CAPRI) also found that Jamaica spends an additional US$424 million for HIV treatment each year due to stigma and discrimination.

In response to these findings, Project Lead of JN+ Kimberly Roach said the organisation partnered with UNAIDS Jamaica to develop the Stigma-Free Spaces Project, “to reduce HIV/AIDS stigma and discrimination in various public and private spaces, and to offer policy guidelines to equip institutions with the necessary framework to protect persons living with HIV and other vulnerable groups in Jamaica.”

The group said that the Stigma-Free Spaces Project promotes inclusive and safe spaces for persons living with HIV at varying levels in Jamaican society.

read more by clicking on the following link: https://www.jamaicaobserver.com/latestnews/Kingston_and_St_Andrew_declared_as_HIV/AIDS_stigma-free_space

People living with HIV are still facing stigma and discrimination because of their HIV status. I encourage you to join us in addressing discrimination by supporting the community, helping us correct the myths associated with HIV and sharing correct information, educating yourselves about HIV, and, importantly, by not being afraid to associate yourselves with people who are living with HIV.

We dream of a day when the community does not have to live in fear.
We hope for a day when we can safely disclose our HIV status.
We pray for the day when the government will pass laws to better protect us from discrimination and violence.

People living with HIV are still humans with families, dreams, and aspirations like you. They are people who need their rights to be respected.
They need jobs to survive and maintain their basic needs.
They need quality health care to safeguard their health.
They need love, kindness, and respect.

Help us fight stigma, discrimination and violence.

#ZeroDiscriminationDay #ZeroDiscrimination

End inequalities. Demand zero discrimination.

Ricky Pascoe
President of the Jamaican Network of Seropositives

Sexual harassment is globally recognized as a form of violence against women and more broadly, a form of gender-based violence. The WHO reports ica.that gender-based violence is not only a human rights violation but also a barrier to HIV prevention, treatment, and care. Sexual harassment directly and adversely impacts women living with HIV in Jamaica

Gender inequality and gender-based violence are two indirect pathways that have an even greater impact on HIV transmission than the direct pathways. In Jamaica, where patriarchy and unequal gender norms are big parts of our culture, men are more likely to perpetrate sexual violence, pay for sex, and are less likely to use condoms.

Sexual harassment is a critical issue which represents the tip of the iceberg of Jamaica’s rape culture. Rape culture refers to the situation that exists when a society or environment’s prevailing social attitudes have the effect of normalizing or trivializing sexual assault and abuse.

In Jamaica, this looks like the saying “a just so man stay” when men make lewd jokes about women, or saying that young girls love big man in cases of sexual grooming and sex with a person under the age of sixteen. The recommendations being put forward by JN+ are split into two categories. There are recommendations for the act itself and also recommendations for establishing an enabling environment for the act

Street harassment must be included in the act. It is paramount that the sexual harassment act pays attention to the startling reality of street harassment outside of the workplace, and particularly on the street where it is faced most. Street harassment refers to unwanted comments, gestures, and actions forced on a stranger in a public place without their consent and is directed at them because of their actual or perceived sex, gender, gender expression, or sexual orientation. It includes unwanted whistling, leering, sexist, homophobic or transphobic slurs, persistent requests for someone’s name, number, or destination after they’ve said no, sexual names, comments, and demands, following, flashing, public masturbation and groping.

Unfortunately, when women living with HIV face street harassment, their status becomes a part of the exchange. According to data from reports of discrimination made to JN+, women with HIV experienced 6 in 10 reported human rights violations. Disclosure of one’s status without consent represented 4 in 9 (45%) reported violations by PLHIV. Similarly, harassment/verbal abuse in the community context accounted for a similar portion of reported cases at approximately 48%.

In one case, the client has been suffering severe harassment and verbal abuse in her community since the disclosure of her status by a nurse to several community members. Due to the abuse, she was forced to stop selling in the market which has resulted in emotional discomfort and financial instability for her.

We understand that this will be difficult to outlaw because of how deeply ingrained in our society street harassment is, but while it won’t be easy; it is absolutely necessary. We suggest that the house consults legislation such as South Africa’s Protection from Harassment Act (2010) and the United Kingdom’s “offence of causing intentional harassment, alarm or distress” .

The definition of sexual advances should be expanded. The current definition is a good angle from which to approach sexual harassment and sexual advance. However, it’s expansion would allow for a clearer understanding of what is considered sexual harassment. We recommend that the following are added to the definition:

• asking a person intrusive questions that are of a sexual nature that pertain to that person’s private life;
• transmitting sexually offensive writing or material of any kind including by social media; 
• making sexually offensive telephone calls to a person; 
• or any other sexually suggestive conduct of an offensive nature in circumstances where a reasonable person would consider the conduct to be offensive. These recommendations are supported by the Employment Sexual Harassment (Prevention) Act, 2017 of Barbados. 

The law must outline and explain the different spaces and ways in which sexual harassment takes place. The law must outline and explain the different spaces and ways in which sexual harassment takes place. The current act goes in-depth with how sexual harassment will be addressed in the workplace but does not say much about other institutions. The act must be framed in a way that makes it predominantly clear that all institutions are protected under the act. Discretion should not be left to the minister to decide what institutions are protected from harassment.

Sexual harassment among peers should be specifically addressed. The act refers to coworkers and the duty workers have to not sexually harass another worker. We recommend that this be changed to include peers and colleagues, as sexual harassment among colleagues occurs in professional institutions outside of the workplace. It should also be noted that harassment is not only top down, but that the creation of a hostile environment, which makes people uncomfortable, is also a form of harassment.

The authorized officers referred to in Part IV and the full tribunal referred to in Part V must be thoroughly sensitized on sexual harassment. It is of utmost importance that the authorized officers and the full tribunal who will oversee the regulation of this act are properly sensitized on sexual harassment. The full tribunal and authorized officers must receive sexual harassment training, based on human rights principles. It is paramount that these persons have a general, similar understanding of sexual harassment including cultural nuances, examples of what constitutes sexual harassment, and the ways to approach the issues they will come across.

There should be no statute of limitations for reporting cases of sexual harassment.  Part IV of the act which speaks to Complaints and other Claims of sexual harassment is vague. It does not clearly specify if the twelve-month period given to submit a report falls on the complainant or on the employer. This should be clearly specified and should assert that no statute of limitations exists for reporting cases of sexual harassment. Due to the traumatic nature of various forms of harassment, complainants are not always ready to make a report right away. Similarly to the offense of rape, a statute of limitations could cause serious restrictions for persons working through trauma.

The prohibition of victimization of employees should be considered. Employers should be prohibited from carrying out any action which adversely affects opportunities and terms of services of any person who rejects that employer’s acts of sexual harassment; lodged a complaint under this Act; given testimony with respect to any investigation conducted or hearing held under this Act in connection with a complaint of sexual harassment; or participated in an investigation, procedure or hearing under this Act. These recommendations are supported by the Employment Sexual Harassment (Prevention) Act, 2017 of Barbados.

No limit is needed for section 4, part 4. Many Jamaicans aren’t operating in the complex corporate structure which requires 20 or more “workers”. The Act gives protection for domestic workers in one hand then takes away that protection with the next hand. No quota is needed. There should be a standardized policy that captures all entities. The law should clearly indicate that sexual harassment is prohibited in all spaces, and allow for redress.

“Immediate and appropriate actions” should not be left to the discretion of the employer. The purpose of the Bill is to set a non-negotiable standard. Section 5 does away with that by not framing what is immediate and appropriate. If Parliament leaves these open-ended, the court will view this as Parliament’s intention to take each employer and each case of harassment as it finds it; without a proper threshold of unacceptable conduct. Section 6(1) “…Where the person in charge of the institution becomes aware of the harassment…” This is too narrow. Actual, imputed, and presumed awareness is needed. A blanket “aware” gives people in power too much ignorance to hide. Instead, the law should say “where the reasonable man would be aware of..”. Report mechanisms must also be established so employers can be held accountable for not taking action.

Enabling Environment

Public sexual harassment sensitization should be undertaken by the Ministry of Labour and the Ministry of Education and Culture. The labor and education ministries should collaborate on a public sexual harassment campaign to sensitize the general public on sexual harassment. This is to ensure that the public is aware of what constitutes sexual harassment and the remedies available. Efforts should be taken to sensitize all Jamaicans through mass media.

Appropriate counseling services must be made available to persons who report cases of sexual harassment. It is important that action is taken to alleviate the emotional impact that sexual harassment has on complainants. Confidential sexual harassment counseling services can offer support to persons who are victims of sexual harassment. Counseling can be very effective in mitigating the impacts of sexual harassment. This counseling must include information on redress available and tools to cope.

ONE of the suggestions being made to improve the Sexual Harassment Bill is widening the scope of people who have a duty of care to address complaints of sexual harassment, including the crew of public transportation such as the State-run Jamaica Urban Transit Company (JUTC).

The discussion arose at Thursday’s meeting of the joint select committee of Parliament, which is reviewing the Bill and taking submissions from interest groups, organisations, and individuals.

In his submission to the committee, Douglas Seeratan, a private citizen, said he was concerned about the wording of the clause in the Bill that deals with ensuring an environment free of sexual harassment. He said it limits the people who can bring a sexual harassment suit or charge against those responsible for an organization.

Seeratan pointed out that based on the specifications in the Bill, this would exclude a passenger on a bus who is sexually harassed by another passenger, as these victims would have no one to hold accountable for providing an environment that is free of sexual harassment.

He argued that the provision also does not speak to a situation where a customer who is sexually harassed by another customer at an organization, or an employee of the said organization, is able to lodge a complaint with the manager or proprietor as the person with a duty of care to that customer or employee.

“It is not for the JUTC to go and find this person, but it is for the JUTC to be accountable for this passenger who is harassed, so if a female comes and says this man did this to me they [JUTC] may be able to review cameras, circulate a picture of the man, and say this man is not supposed to take the JUTC. We need to put the duty of care on the JUTC to act,” Seeratan explained.

Senators and Members of Parliament on the committee said while Seeratan raised a real and valid concern, the Bill could not in the first instance encompass issues such as these, as its focus is on the protection of individuals in the workplace.

Opposition Senator Donna Scott Mottley explained that while recognizing that many women are violated and abused in the public space, for now there had to be focus on the specific objective of the legislation. “My concern is that our first step in this matter of sexual harassment has to be to present legislation which is workable, and which is enforceable…at this point in time its focus on the workplace and institutions. It’s important that we have legislation that starts out as being effective and enforceable; if we try to address every one of the feelings that we have which are hurt, we might never really achieve the objective that we have set out to do, so you have to be patient with the process. Your intervention is very important, but we have to follow a process. Right now the urgency that confronts us is dealing with it in the workplace and in institutions; I don’t think in the context of what we are doing now, that we can address all the violations,” she said.

Committee chairman, and minister in charge of gender affairs, Olivia “Babsy” Grange, while recounting her own experience with sexual harassment on public transportation said, “I don’t think we can have this legislation treating with something like that, but it is a reality; it is real.”

Justice Minister Delroy Chuck argued that the tentacles of the legislation could only go so far. “We have to use some common sense in limiting how far a person can go to enforce any regulation. Within the workplace, I can understand, if an employer knows that an employee is regularly harassing another employee or customers who come in, the employer has a duty to take care. The same with a school, anywhere where there is some authority on the person who has a duty of care and can take responsibility and can act, but when it comes to a bus, to say that a bus driver or conductor must take responsibility for a passenger, it’s a difficult one. How far do you go to say that the owner of an establishment [or] a motor vehicle has a responsibility and if he fails he could be taken to the tribunal. There has to be some line,” he said.

He pointed out also that there are other pieces of legislation dealing with offences where people physically impose themselves on others in a sexual manner, or what has been known over the decades in the Jamaican context as perpetrators “rubbing up” on female passengers.

Meanwhile, the Jamaica Network of Seropositives (JN+), in its submission to the committee, argued that street harassment must be included in the legislation.

“It is paramount that the Sexual Harassment Act pays attention to the startling reality of street harassment outside of the workplace, and particularly on the street where it is faced most,” policy and advocacy officer for JN+ Tajna-Lee Shields stated in her presentation.

She noted that street harassment refers to unwanted comments, gestures, and actions forced on a stranger in a public place without their consent, and is directed at them because of their actual or perceived sex, gender, gender expression, or sexual orientation. “It includes unwanted whistling, leering, sexist, homophobic, or transphobic slurs, persistent requests for someone’s name, number, or destination after they’ve said no, sexual names, comments, and demands, following, flashing, public masturbation, and groping,” she pointed out. She said that the group understands the difficulty that could come with trying to outlaw an Act so deeply ingrained in the society and therefore suggests that lawmakers examine legislation such as South Africa’s Protection from Harassment Act (2010) and the United Kingdom’s “offense of causing intentional harassment, alarm or distress”.

The group also wants the definition of ‘sexual advance’ to be expanded to allow for a clearer understanding of what is considered sexual harassment. “We recommend that asking a person intrusive questions that are of a sexual nature that pertain to that person’s private life, transmitting sexually offensive writing or material of any kind, making sexually offensive telephone calls to a person, or any other sexually suggestive conduct of an offensive nature in circumstances where a reasonable person would consider the conduct to be offensive,” Shields said, pointing to the Employment Sexual Harassment (Prevention) Act, 2017 of Barbados.

Some Jamaicans have responded to the COVID-19 outbreak in extreme ways. Family members of one of the first confirmed cases received death threats, and nurses have reported being barred from public transport. Some people have given the health authorities wrong addresses to avoid the stigma that a home visit would attract.

UNAIDS Jamaica and civil society organizations serving people living with HIV have joined the national discourse to share a key lesson learned from HIV: that stigma and discrimination are barriers to an effective response.

Two-thirds of Jamaicans would not purchase vegetables from someone they knew to be living with HIV, according to the 2017 Knowledge Attitude and Behaviour Study. The effect of such widespread prejudice is seen in the island’s treatment outcomes. According to government estimates, while an estimated 84% of people living with HIV were aware of their status in 2018, less than half (47%) were on treatment

For Jumoke Patrick, Executive Director of the Jamaica Network of Seropositives, there are clear parallels between people’s reactions to the novel coronavirus and HIV.

“People living with HIV feel they need to stay away from people and from accessing services. They feel they need to reduce and limit their lives because of how people treat them. We have some of the same treatment meted out to people positive with, or suspected of having, coronavirus. When there’s fear we respond in a defensive way,” Mr Patrick explained in a webinar hosted by UNAIDS Jamaica.

Community organizations have reported that some COVID-19 stigma has even been directed to people living with HIV. UNAIDS Jamaica has been working to raise awareness among policymakers and through the news media about the importance of building trust with affected people while combatting stigma and discrimination among the wider population.

“Just as with HIV, success in combatting COVID-19 absolutely depends on people’s willingness to get tested and access care. Verbal abuse, violence and intimidation will only chase people away from services,” said Manoela Manova, UNAIDS Country Director for Jamaica.

The Jamaica Ministry of Health has launched an antidiscrimination campaign that includes stories of harassed COVID-19 patients in virtual press conferences.

“None of us are immune to the virus,” Christopher Tufton, the Jamaican Minister of Health, said at a recent press conference. “None of us must claim or think that we will exclusively escape and it is somebody else’s fault. We must treat each other in a way that almost assumes that tomorrow we are going to need the support from those who are so infected and impacted today. We really need to cut the hate and work together as a country and as communities, to overcome.”

Junior was selected as a exemplary Healthcare Provider, through the Me and My Healthcare Provider campaign, which ran from March to July 2019.

Also, Nadine had the opportunity to present on the Jamaica Anti-Discrimination System (JADS) and wowed the ambassador of PEPFAR, Deborah L. Birx, M.D., who openly stated that “We would be willing to put our money into initiatives like these”.

The IAS Conference on HIV Science is the world’s most influential meeting on HIV research and its applications. This biennial conference presents the critical advances in basic, clinical and operational research that moves science into policy and practice
– International AIDS Society (2019)

You probably were left out of the loop but Positive Voices got the scoop. Here’s a summary of the questions and the responses shared by Candidate Elizabeth Warren (Source: Plus Magazine).

Give a description of your approach to augment accessibility to HIV prevention and treatment services.

There is no single answer to ending the HIV/AIDS epidemic, we must use every tool at our disposal. These tools include but aren’t limited to:

1) Medicare For All,

2) Expansion of HIV research and treatment,

3) Ensuring everyone has access to PREP and HIV testing,

4) Holding drug companies ,accountable and lowering drug prices,

5) Ending the opioid crisis, and

6) Ensuring community health centers receive robust funding.

Will you work to pass a law that ends the criminalization of HIV status? Will you work to extend federal protection from discrimination based on HIV status?

A little over half of the states within the U.S.A., still have codified laws surrounding the criminalization of HIV exposure. These laws have no scientific foundation, discourage adherence to testing and treatment, and furthers stigma and discrimination which already exist among the marginalized. I’ve [Warren] co-sponsored the REPEAL (Repeal Existing Policies that Encourage and Allow Legal) HIV Discrimination Act, to provide revision of all state and federal laws.

Questions and responses weren’t limited to what is stated above but were drawn on to give a contrast when compared to the Jamaican context. If policies regarding all the aforementioned are passed by Congress, what would this mean for a country with nearly 40,000 (confirmed and unconfirmed) cases of HIV.

If it is that the science of foreign policy and diplomacy still applies, then, if or when these policies are put into order, we could expect a shift in the Jamaican health sector, particular to the HIV response