Here in Jamaica, we seem to think that certain issues which we have not addressed will simply go away if we don’t talk about them publicly.
Abortion rights are one issue that is hotly debated everywhere except in Jamaica, it seems; so are gay rights. In other Caribbean countries, it seems, these topics are not entirely taboo – ah, but here in Jamaica we adopt a different approach. We know better, don’t we! In the context of constitutional change, abortion rights and gay rights might well have been considered; however, the Jamaican Government made it clear a year ago that these two concerns will not be addressed or included in discussions on constitutional reform.
Minister of Legal and Constitutional Affairs Marlene Malahoo Forte reassured the religious community in June 2023 in Parliament that there would be no changes in the colonial-era laws on buggery and abortion. Oh yes, we still cherish some of those laws. She declared in comments that seemed to reflect her own personal religious views on the subject, and her own personal experience with her mother (on abortion):
“This Andrew Holness-led administration is on no path to collide with the Church or any other well-thinking member of the Jamaican society on issues which define the fabric of our society, even in the presence of challenges.”
I see. These long-held prejudices define our society, according to the Minister. Apparently, whatever we do, we must not upset “the Church” (which Church, by the way?) or “well-thinking Jamaicans.” Those who are not members of any church, or who may have a different view, clearly mean our country some kind of harm and are not “well-thinking.” Tut, tut!
And so, it is easy to continue believing that, because it is not a topic anyone discusses, stigma and discrimination against LGBT Jamaicans does not exist – or perhaps is a thing of the past. But have things really improved in people’s attitudes? Certainly, no Jamaican politician on either side of the fence is willing to raise his/her head to discuss the topic.
It’s a case of “whack a mole” if anyone does raise the issue. Or perhaps “sweeping it under the carpet” is another analogy.
However, other Caribbean nations seem to be at least considering the issues, as healthy democracies should. After all, we are living in the 21st century, not the 19th. Here is what human rights lobby group Stand Up for Jamaica has to say about the island of Dominica’s recent High Court ruling on their buggery law.
Stand Up for Jamaica (SUFJ) welcomes Dominica High Court ruling striking down buggery law.
Dubbing it a win for human rights and inclusion, Stand Up for Jamaica has welcomed Dominica High Court’s ruling striking down as unconstitutional the criminalization of consensual same-sex acts, as another example of the positive change that is spreading through the Caribbean.
The court found that two sections of the country’s Sexual Offences Act had contravened Dominica’s Constitution, specifically, the right to liberty, freedom of expression, and protection of personal privacy.
Section 16 of the act criminalizes buggery – anal sex between two men or between a man and a woman – with a stipulated maximum penalty of 10 years imprisonment plus the possibility of forced psychiatric confinement.
While section 14, a sweeping law, criminalizes gross indecency, an act (other than penile-vaginal sex) by anyone “involving the use of the genital organs, breast or anus to arouse or gratifying sexual desire”. The maximum penalty is 12 years in prison if the act is committed with a person aged 16 or older.
Pointing to similar decisions by the courts in Barbados, Trinidad and Tobago, Antigua and Barbuda, and St Kitts and Nevis, SUFJ’s head, Carla Gullotta said:
“It is a significant change of mindset following the principle of inclusion and the defence of human rights for all and our Caribbean region. This is a striking change and Barbados has been a pioneer in this movement.”
Coinciding with this different approach, which we also applaud, is today’s unanimous endorsement by the United Methodist Church’s delegates at its General Conference in support of a constitutional amendment, which if ratified would allow for the American church to conduct same-sex marriages and ordain LGBTQ+ (lesbian, gay, bisexual, transgender, queer or questioning and more) people.
SUFJ, as a human rights agency has been advocating relentlessly for such a change and has been spearheading several initiatives to ease the plight of the members of the LGBTQ+ (lesbian, gay, bisexual, transgender, queer or questioning and more) community.
The latest project, which was made possibly, through a recent grant received by the German Federal Government through the German Embassy in Kingston, SUFJ will be increasing its education programmes at Correctional Services towards incarcerated LGBTQ persons.
Owing to the negative effects of stigma and for their safety, the Department of Correctional Services has placed them on a special block for their own safety, where they do not have access to rehabilitation programmes such as education, professional skills and psychological assistance, which is accessible by the general population.
SUFJ has already implemented some rehabilitation activities in those blocks but the assistance offered by the grant will allow us to increase our commitment to providing more teachers, trainers, books, stationery and counselling sessions to enhance their self-awareness, self-esteem and to sensitize them about their rights.
We do strongly believe in the inclusion of the most vulnerable members of our society and we hope that Jamaica will be able to join other Caribbean countries in putting an end to the discrimination and criminalization of LGBTQ members.
We, therefore, advocate for the Government to repeal discriminatory laws that continue to marginalize and infringe upon the human rights of LGBTQ+ people and to firmly adopt and promote a culture of inclusion and respect for all people.
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