Landmark
case seeks to abolish colonial-era 'buggery' laws and stop murders and violent
attacks on Caribbean homosexuals
The Guardian, Owen Bowcott and Maya Wolfe-Robinson, Friday 26 October 2012
![]() |
| Jamaican prime minister Portia Simpson Miller has condemned discrimination but not yet attempted to repeal the homophobic laws. Photograph: Collin Reid/AP |
Two gay
Jamaicans have launched a legal challenge to colonial-era laws, which in effect
criminalise homosexuality, on the grounds that they are unconstitutional and
promote homophobia throughout the Caribbean.
The
landmark action, supported by the UK-based Human Dignity Trust, is aimed at
removing three clauses of the island's Offences Against Persons Act of 1864,
commonly known as the "buggery" laws.
The battle
over the legislation – blamed by critics for perpetuating a popular culture of
hatred for "batty boys", as gay men are derided in some dancehall
music – has also drawn a British lawyer into the debate, who said that Jamaica
should not follow the legislative example of the UK.
The legal
challenge is being taken to the Inter-American Commission on Human Rights,
which is modelled on the European Court of Human Rights. Jamaica is not a full
member and any ruling would only be advisory and not binding; it would,
nonetheless, send out a strong signal of international disapproval.
When the
Jamaican prime minister, Portia Simpson Miller, was elected last December, she
said she would hire a gay person to serve in her cabinet and condemned
discrimination. Despite early sympathetic signals, her government has not attempted
to repeal the laws.
The
Offences Against Persons Act does not formally ban homosexuality but clause 76
provides for up to 10 years' imprisonment, with or without hard labour, for
anyone convicted of the "abominable crime of buggery committed either with
mankind or any animal". Two further clauses outlaw attempted buggery and
gross indecency between two men.
Jamaica has
one of the highest murder rates in the world. Murders of gay men are
increasing, according to Dane Lewis, executive director of the Jamaica Forum of
Lesbians, All-Sexuals and Gays (J-Flag), who is one of those petitioning the
commission.
"This
year alone there have been nine [murders]," he said. "The violence in
Jamaica is having a spillover effect on other parts of the Caribbean: St Lucia
now has a murder or so every year."
One
prominent victim was John Terry, the British honorary consul in Montego Bay,
who was found dead in 2009 having been beaten and strangled. A note left on his
body read: "This is what will happen to all gays."
Many gay
Jamaicans have fled abroad, some to the UK. In 2002, two gay Jamaican men were
granted asylum in the UK because their lives were in danger from "severe
homophobia" in the Caribbean.
Senior
Jamaican police officers have in the past dismissed killings as the result of
gay-on-gay "crimes of passion" – an interpretation disputed by civil
rights groups.
In a House
of Lords debate this week on the treatment of homosexual men and women in the
developing world, the Conservative Lord Lexden said a "wave of persecution
and violence has been suffered by gay people connected with [J-Flag]".
Intolerance of homosexuality, he noted, was a legacy of the British empire:
"Today, 42 of the 54 nations of the Commonwealth criminalise same-sex
relations."
Jonathan Cooper,
a London barrister who is the chief executive of the Human Dignity Trust, said:
"We want to ensure that Jamaica satisfies its international human rights
treaty obligations. We are supporting J-Flag in this case.
"These,
and two accompanying cases supported by Aids-Free World, are the first cases
before the Inter-American Commission but the issue is clear in international
human rights law."
The UN's
International Covenant on Civil and Political Rights, to which Jamaica is a
signatory, protects private adult, consensual sexual activity.
J-Flag has
also received free pro-bono advice from the UK City law firm Freshfields
Bruckhaus Deringer in drawing up their legal challenge.
One of the
main bodies arguing to preserve the Offences Against Person Act is the Lawyers'
Christian Fellowship in Jamaica (which has no connection to the UK Lawyers'
Christian Fellowship).
Paul
Diamond, a British barrister and Evangelical Christian who specialises in
religious discrimination cases, took part in a debate on Jamaica's laws at the
University of the West Indies last December.
"[Jamaicans]
feel they are being pressurised by the UK and US governments in terms of visas
and aid grants to modify their position [on homosexuality], which they say is
morally based," Diamond told the Guardian. "I told them that England
has totally failed in finding any balance between religious [and civil]
freedoms."
The prime
minister's office in Jamaica did not respond to enquiries.
Anti-gay
laws in the Caribbean
While
Jamaica holds the crown for being the worst place in the Americas to be gay,
the rest of the English-speaking Caribbean has a long history of homophobia.
The British colonial administration entrenched "buggery laws" in its
colonies, many of which remain in some form.
The Bahamas
criminalises same-sex activity between adults in public, although not in
private. Jamaican, Guyanese and Grenadian laws do not mention lesbianism, but
Trinidad and Tobago, Barbados, Antigua and St Lucia prohibit all acts of
homosexuality.
Trinidad
and Tobago's state-sponsored homophobia extends further through immigration
laws prohibiting "prostitutes, homosexuals or persons living on the
earnings of prostitutes or homosexuals, or persons reasonably suspected as
coming to Trinidad and Tobago for these or any other immoral purposes"
from entering the country.
Although
the law is not enforced, there were attempts from Christian groups to prevent
Elton John headlining the Tobago Jazz Festival in 2007. Church leaders were
worried about the singer's potential influence on the "impressionable
minds" of the island's young people.
Anguilla,
the British Virgin Islands, the Cayman Islands, Montserrat, and the Turks and
Caicos islands were forced to repeal their sodomy laws in 2000, when Britain
issued an order to its overseas territories, which it had to do to meet
international treaty obligations.
Related Article:

No comments:
Post a Comment
Note: Only a member of this blog may post a comment.