The Inter-American Commission on Human Rights has called on Jamaica to abolish legislation that discriminates against LGBTQ+ individuals, after two citizens brought Jamaica before the Commission.

INTER-AMERICAN COMMISSION DECISION

Gareth Henry and Simone Carline Edwards sought a declaration from the commission that Jamaica’s laws criminalising male homosexuality violate the country’s legal obligations under the American Convention on Human Rights. Both Henry and Edwards have been victims of homophobic violence, oftentimes at the hands of police, and are now living under refugee protection abroad.

The Commissions’ decision, handed down on 31 December 2020, concluded that the Jamaican state is responsible for the violation of the right to humane treatment, privacy, and judicial protection. It also found that discriminatory legislation contributes to and legitimises homophobic violence by members of the public.

Alongside its recommendation to decriminalise male homosexuality, the Commission called on Jamaica to repatriate Henry and Edwards, to collect data on the prevalence and nature of LGBTQ+ discrimination, train state authorities on the diversity of sexual orientation and gender identity, and to provide comprehensive sexuality education in school.

Stonewall classifies Jamaica a Zone 3 Country, meaning that sexual acts between people of the same sex are illegal. It is impossible to separate homophobia in Jamaica from its history of colonisation and white supremacy, specifically the exporting of "decency" and "morality" laws across the British Empire. Laws against male homosexual conduct were originally imposed as part of the British Offences Against the Person Act 1864, which, unchanged today, sees forms of consensual sexual activity between adult males punishable with up to ten years imprisonment and hard labour.

CHANGE IS BUILDING

In 2006, Time magazine famously labelled Jamaica "the most homophobic place on earth", but with the tireless work of activists and organisations such as J-FLAG (Jamaica Forum for Lesbians, All-Sexuals and Gays), progress has been made towards protecting the rights of LGBTQ+ individuals and building tolerance and acceptance in the community. Jamaica’s first Gay Pride celebration was held in 2013 and consisted of 15 people gathered in Kingston’s Emancipation Park. Pride festivities have grown year on year and, in 2019, engaged between 2,500-3,000 people, bringing unprecedented visibility to the community through print and digital media both in Jamaica and overseas. 

While the ruling by the Commission is not binding in domestic law, its recommendations hold weight internationally and it sets a precedent for countries across the Caribbean to break from colonial-era laws that criminalise same-sex intimacy. In an article for the Guardian, Henry wrote “finally the Jamaican state has been held to account for its complicity in the violence and discrimination I have faced for being gay”. While tangible change may not come immediately, there is no doubt that this decision represents hope for the region’s LGBT+ community and a path to a more inclusive society.

Ellie is a Masters graduate in Caribbean and Latin American Studies from UCL, currently working at the UK National Commission for UNESCO. She has conducted research on gender equality and masculinities, and has a specific interest in the Latin American/Caribbean region.

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