Monday, May 26, 2014

The Bain affair cont'd: The Online petition organisers respond to counter- talking points, even as a mass protest is planned for Mona Campus main gate 8:00 - 11:00 am Monday May 26th

Just now, I saw my e-mail inbox, and found an email from the Bain support petition organisers -- I guess, as a signatory to the petition.

First, on Monday May 26, 8:00 - 11:00 am, there is a planned protest event at UWI front Gate, with a dress code, funeral colours, with mouths taped with masking tape with "Freedom of Speech" on the tape.

Were I in Jamaica, I would be there, no ifs ands or buts.

I strongly recommend similar protests at the gates of other UWI campuses and extramural centres across the region.

I also suggest writing to UWI's leadership and the news media across the region by old fashioned mail as well as email. (NB: I am not comfortable to learn that apparently my signing the petition triggered an email to the personal email boxes of the VC etc, I did not know that. I plead with the petition organisers to modify if possible. I think the petition should be printed off at a certain time and communicated on paper to the UWI, to the governments of the region and to Caricom, perhaps introduced in parliaments under the petition rules.)

Also, the email rebuts the counter-points that have been spread in an attempt to make the firing of prof Bain for speaking unwelcome truth to power seem legitimate. 

Here are those counter-points, slightly adjusted for readability and with a few clarifying notes on arrow-points in square brackets:

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>>3. Clarifying Contradictions: There is NO legitimate justification for the dismissal


Over the past few days we have seen the pathetic 'flip-flopping' of those who want to see Professor Bain fired. If you listen closely, not one of their arguments has "stuck." When they say one thing today, and they are corrected, they say another thing tomorrow. It is becoming increasingly clear that they cannot find any legitimate reason for firing him.


First, let us break it down.


FACT: There is no mandate or obligation for C.H.A.R.T. or UWI to work to remove the 'buggery' provisions....

CONTRADICTION: yet still they claim Professor should be dismissed for acting contrary to an imaginary mandate.


C.H.A.R.T. Mandate: "the mission of the CHART Network is to continually strengthen the capacity of national health-care personnel and systems to provide access to quality HIV & AIDS prevention, care, treatment, and support services for all Caribbean people."


Peter Espeut: "Consult the official website of the CHART Network and you will see that "the mission of the CHART Network is to continually strengthen the capacity of national health-care personnel and systems to provide access to quality HIV & AIDS prevention, care, treatment, and support services for all Caribbean people". The purpose of CHART is to train health-care workers in Jamaica and across CARICOM to be better able to prevent HIV & AIDS, and to treat people already infected with the virus. So the primary "community which the CHART programme is expected to reach" is CARICOM health-care workers. And those trained CARICOM health-care workers will interact with two different secondary groups: a much larger group - those who DO NOT have the virus (to target them with prevention strategies); and a much smaller group - those who already have HIV/AIDS (to treat their symptoms and their infection). These two groups include every human living within CARICOM, including you who read this. Therefore, to say that Professor Brendan Bain has "lost the confidence and support of a significant sector of the community which the CHART programme is expected to reach" has to be put in context. There is no evidence before us that Professor Bain has lost the confidence of CHART'S primary target group - CARICOM health-care workers; and there is no evidence before us that Professor Bain has lost the confidence of the vast majority of Caribbean people (who do not have HIV/AIDS). Has Prof Bain lost the confidence of the HIV/AIDS community with respect to the care and treatment of HIV/AIDS, or is there another purpose to the project? Maybe the CHART Network has a hidden agenda."

Affidavit: "Some Public Health practitioners and agencies have hypothesized that decriminalizing the practice of anal intercourse among consenting adults would lead to a reduction in the incidence rate of HIV infections among MSM. To date, published data have not substantiated this hypothesis."


Former Prime Minister Golding: "Professor Bain cannot be expected to render an opinion other than his own. His statement can render him unfit to serve as head of CHART only if its charter or mandate includes the removal of legal impediments to MSM. Its mission statement says no such thing. Its purpose is "to strengthen the capacity of national health-care personnel and systems to provide access to quality HIV & AIDS prevention, care, and treatment and support services for all Caribbean people". Nothing in Professor Bain's affidavit can be said to compromise his ability or commitment to fulfil that mandate."


FACT: Professor Bain made no recommendations concerning the retention of any law...

CONTRADICTION: yet still they claim he should be dismissed because he argued for the retention of the law.

Jamaica Gleaner clarification: "Bain did not make a recommendation about keeping [Belize's] anti-gay law..."


Dr. Kei Miller: "For the most part the document simply makes the undisputable point that for both biological and social/cultural/behavioural reasons — the HIV virus is passed on to Men who have sex with Men with something that approached efficiency. The figures simply are staggering. Some people have tried to counter Bain’s argument by saying that the sex acts he lists (anal sex, multiple-partners, swallowing, etc) are not unique to homosexual relationships. This strikes me as a disingenuous argument. Prof Bain would almost certainly agree that for heterosexuals who engage regularly in these acts then the risk factor for them to contract HIV also increases dramatically. But there is little point in denying that these acts are far more common in the MSM community. Such a denial would go against the principles of the careful and targeted interventions that we want to do.

Bain’s affidavit does not take or register a stance against gay communities or gay men. It earnestly steers clear from such opinions and tries to stick to the figures. Towards the end of the paper when he seems to make recommendations, none of them include encouraging gay men to give their lives to Christ or to turn away from their evil ways. His affidavit accepts that men will have sex with men and so his recommendations are far more pragmatic – encouraging the use of condoms, lubricant, constant testing, delaying the age that one begins to engage in intercourse, etc."


FACT: Freedom of speech actually does involve the right to not be fired for one's religious beliefs or scientific opinions....

CONTRADICTION: yet still certain interest groups have been fighting for 'human rights' including the right to freedom of speech, yet still they are unwilling to extend that right to Professor Bain.


Attorney Gordon Robinson: "Freedom of expression took a severe body blow yesterday when the University of the West Indies sacked Brendan Bain."


Medical Association of Jamaica: "as an expert witness, his testimony to the court is a duty to the Court, and, is the opinion of the expert himself... hoping that doctors' responsibility under the law to the court is not under any form of attack... we respect the rights and opinions of all groups and individuals in our society, and hope that in turn the same respect will be afforded to us in our the professional discharge of our duties."

FACT: All Caribbean people have a right to the scientific information shared by Professor Bain, so that we can be confident that the approach to HIV/AIDS treatment is really in our best interests...

CONTRADICTION: yet still certain interest groups want the science contained in the Affidavit to 'disappear.' 


No one has actually countered the Affidavit with science, only politics.


FACT: Professor Bain's Affidavit was a clear, objective discussion of scientific research on HIV/AIDS and MSM's...

CONTRADICTION: some people ignore this fact, yet the objecting groups that have acknowledged this still say he did something that warrants dismissal without providing some other justification.


National AIDS Committee (which supports the dismissal): "no issue with, and has no objection to the actual content of the report of Professor Brendan Bain to the Court in Belize... there is nothing in that report which is contrary to, or offensive to the work of the National AIDS Committee... In his report, Professor Bain highlighted for the court that homosexual men were at higher risk of contracting HIV and other sexual transmitted infections... This is the very position of the National AIDS Committee."


FACT: Professor Bain's Affidavit was submitted as an Expert Witness, not an ordinary witness, which means he did not argue for or act on behalf of churches or anyone. This is a legal issue which many people do not understand...

CONTRADICTION: yet still some people claim that he argued points for the church

Professor Bain's Sworn Oath at the end of the Affidavit: "I also certify that I have been given no instructions by any party, by any person representing a party, or by any other person with respect to this report. The report represents my own opinions based on my professional experience together with information from research literature related to the matter under consideration. The opinions expressed in the report are mine and should not be attributed to any institution with which I am associated."


FACT: Professor Bain has not lost the confidence of the majority of Caribbean people, who are also citizen stakeholders and targets for the C.H.A.R.T. programme, which is a programme for training HIV/AIDS healthcare workers and not a clinic...

CONTRADICTION: yet the 35 unverified lobby groups act as if they are the only persons that C.H.A.R.T. is supposed to help.


Peter Espeut: "Consult the official website of the CHART Network and you will see that "the mission of the CHART Network is to continually strengthen the capacity of national health-care personnel and systems to provide access to quality HIV & AIDS prevention, care, treatment, and support services for all Caribbean people". The purpose of CHART is to train health-care workers in Jamaica and across CARICOM to be better able to prevent HIV & AIDS, and to treat people already infected with the virus. So the primary "community which the CHART programme is expected to reach" is CARICOM health-care workers. And those trained CARICOM health-care workers will interact with two different secondary groups: a much larger group - those who DO NOT have the virus (to target them with prevention strategies); and a much smaller group - those who already have HIV/AIDS (to treat their symptoms and their infection). These two groups include every human living within CARICOM, including you who read this. Therefore, to say that Professor Brendan Bain has "lost the confidence and support of a significant sector of the community which the CHART programme is expected to reach" has to be put in context. There is no evidence before us that Professor Bain has lost the confidence of CHART'S primary target group - CARICOM health-care workers; and there is no evidence before us that Professor Bain has lost the confidence of the vast majority of Caribbean people (who do not have HIV/AIDS). Has Prof Bain lost the confidence of the HIV/AIDS community with respect to the care and treatment of HIV/AIDS, or is there another purpose to the project? Maybe the CHART Network has a hidden agenda."


FACT: Professor Bain's primary obligation, as a medical expert, was to provide honest and factual information to the Court of law and the information he provided is exactly the sort of information that C.H.A.R.T. should be guided by...

CONTRADICTION: yet still they claim that the information, which did not oppose any C.H.A.R.T. objective or mandate and made no legal recommendations, was a 'conflict of interest'.


Medical Association of Jamaica: "The MAJ is disappointed that one of the pioneers in the diagnosis and treatment of HIV/AIDS is no longer leading CHART. We want to encourage everyone, all stakeholders, to focus on HIV/AIDS and not against each other...as an expert witness, his testimony to the court is a duty to the Court, and, is the opinion of the expert himself... hoping that doctors' responsibility under the law to the court is not under any form of attack... we respect the rights and opinions of all groups and individuals in our society, and hope that in turn the same respect will be afforded to us in our the professional discharge of our duties.”


National AIDS Committee: "no issue with, and has no objection to the actual content of the report of Professor Brendan Bain to the Court in Belize... there is nothing in that report which is contrary to, or offensive to the work of the National AIDS Committee... In his report, Professor Bain highlighted for the court that homosexual men were at higher risk of contracting HIV and other sexual transmitted infections... This is the very position of the National AIDS Committee."


FACT: Professor Bain has been at the forefront of HIV/AIDS training that discouraged discrimination by healthcare workers so that all people affected by HIV/AIDS can get treatment...

CONTRADICTION: yet still they claim that Professor Bain discriminated or included discriminatory words in his Affidavit.


Page 2 of his Affidavit says: "In 2003, [Bain] was invited by a United States Government team to lead the Regional Coordinating Unit of the Caribbean HIV/AIDS Regional Training (CHART) Initiative…Attitudinal training is a central part of the CHART curriculum, with anti-stigma and anti-discrimination training being paramount."


Caribbean Vulnerable Communities Coalition [--> headed by Gomes, and a signatory to the demand for firing Bain]: "Professor Bain is a good man who has worked in the field of HIV for many years."


National AIDS Committee: "no issue with, and has no objection to the actual content of the report of Professor Brendan Bain to the Court in Belize... there is nothing in that report which is contrary to, or offensive to the work of the National AIDS Committee... In his report, Professor Bain highlighted for the court that homosexual men were at higher risk of contracting HIV and other sexual transmitted infections... This is the very position of the National AIDS Committee."


FACT: Professor Bain only compared the relative risk of MSM's compared to the general population in Belize, pointing out that the established fact that the risk is higher and pointed out that despite the 'buggery' laws in Jamaica, rates have increased. He never said that countries without the buggery law have a "higher" but that they have a "high" rate and he certainly never hinted at a causative link between the two...

CONTRADICTION: Carolyn Gomes erroneously claimed that Prof Bain claimed that retaining the laws has in actuality lowered infection rates.


Affidavit: "This report shows that the relative risk of contracting HIV is significantly higher among men who have sex with other men (MSM) in Belize than in the general population. This is also true in several other countries for which data are available, including countries that have repealed the law that criminalizes anal sex and countries where the law still applies."


Carolyn Gomes (incorrectly stated): "Where our colleague Prof. Bain erred was by linking without evidence those high HIV rates to the removal of laws that criminalize homosexuality [--> buggery laws do not criminalise homosexuality, they ban a specific insanitary and damaging sexual act both associated with the spreading of diseases and the corruption of boys]  in France, the Netherlands and United States, while ignoring that neither laws nor Jamaica’s notorious hostility to homosexuality have protected us from having one of the highest rates of HIV infection among men who have sex with men in the world."

National AIDS Committee: "no issue with, and has no objection to the actual content of the report of Professor Brendan Bain to the Court in Belize... there is nothing in that report which is contrary to, or offensive to the work of the National AIDS Committee... In his report, Professor Bain highlighted for the court that homosexual men were at higher risk of contracting HIV and other sexual transmitted infections... This is the very position of the National AIDS Committee."  >>
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Food for thought indeed, and it is clear that we need to seriously think again about where our premier university is headed, and what the homosexualist lobby and their financial backers are implying by what they have done. Dr Bain is the canary in the mine, gasping for breath in a poisonous atmosphere for freedom. What are we going to do? END