Jamaica keeps denying LGBT rights even after being ordered to shape up

A letter to the editor from Jamaican-American LGBT rights activist Maurice Tomlinson.

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Jamaica Ignores IACHR on LGBT Rights.

To the editor:

Jamaica has one of the last remaining laws in the Western Hemisphere that criminalizes gay love. And despite a global movement to repeal these hateful edicts, Jamaica has staunchly defended and even expanded its legislative attacks on consenting adults. The country’s colonially imposed anti-sodomy law sentences gays to up to 10 years imprisonment at hard labour for any form of intimacy, even holding hands in a private bedroom. And upon their release convicted gays must now register as sex offenders and always carry a pass or face a J$1million fine plus a further yearlong imprisonment.

In 2012, two brave Jamaicans petitioned the hemisphere’s highest human rights body recognized by their state to have the anti-sodomy law repealed. After an eight-year wait the Inter-American Commission on Human Rights (IACHR) delivered a sweeping condemnation of the law and called for its repeal. The IACHR also made several recommendations to end Jamaica’s discrimination and violence against LGBT citizens, including paying financial compensation to the victims, dialoguing with them about a robust national anti-homophobia program, and ensuring equitable access to healthcare. Jamaica was to report to the IACHR on steps it has taken on these recommendations, but despite two requests by the IACHR, the state has done nothing to end the hate.

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On the contrary, the petitioners have witnessed Jamaica’s blatant disregard for the IACHR recommendations even while the state remains a very hostile place for LGBT people.

In particular, the petitioners noted the following:

1. The state has taken no actions to repeal the anti-sodomy law. On the contrary, Jamaica’s Attorney-General continues to defend the law in a case before the Supreme Court and has appealed a decision that would have allowed for a speedy resolution of this matter.
2. There has been no attempt at dialogue by the state with LGBT victims on any aspect of the issues that gave rise to this case.
3. The petitioners are not aware of any measures to prohibit, prevent and punish violence against LGBT people and all forms of discrimination based on sexual orientation, gender identity or expression or bodily autonomy. On the contrary, the government has remained silent in the face of ongoing attacks against LGBT citizens, and members of government have actively participated in events that vilify LGBT people.
4. The petitioners are not aware of any mechanisms by the country to effectively guarantee health services, specifically for LGBT people without discrimination. This is despite public statements by government officials that such discrimination does not exist. On the contrary, the writer has personally experienced homophobic verbal attacks by security guards at health facilities even though these guards are the literal gatekeepers of public health care.
5. The petitioners are not aware of any modifications to Jamaica’s education programs in terms of comprehensive sexuality education, in accordance with the progressive capacity of children, including a perspective of bodily, sexual and gender diversity. On the contrary, the country’s education system remains very hostile to discussions on human sexuality in general and LGBT people in particular.
6. The petitioners are not aware of any activities by the state to train public officials on sexual orientation, gender identity and expression, and bodily identity. On the contrary, offers to provide LGBT sensitivity training for police by the major LGBT organization in the island’s tourism capital of Montego Bay were rejected. These offers were made to ensure greater security for LGBT locals as well as gay visitors to the island’s vital tourism sector.

A wave of repeal is sweeping across the Caribbean washing away hideous anti-sodomy laws. However, Jamaica remains a safe haven for homophobia. And the island’s tourism industry is booming! One wonders how many LGBT people and their allies would choose to vacation in Jamaica if the truth of how the country treats LGBT people was more widely known? There are certainly many more inclusive destinations across the region where your tourist dollars won’t be used to persecute people who love.