Being gay in jamaica
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The term “gross indecency” is broadly interpreted to encompass various forms of physical intimacy between men.
Activists claim gays face ‘horrific violence’ in Jamaica, urge repeal of buggery law
SAN JUAN, Puerto Rico (AP) — International activists demanded Tuesday that Jamaica repeal the buggery law criminalizing gay sex, noting that the government still has not heeded a regional rights panel’s recommendation two years ago to do so.
The call comes as a growing number of islands in the conservative Caribbean region strike down similar but rarely invoked laws that often seek life sentences and hard labour.
Efforts are being made to train public officials and gather data on violence and discrimination against LGBT and intersex people.
Tourists, on the other hand, may not be exposed to the same level of risk as local LGBTQ+ individuals. Therefore, it is critical for all travelers to remain cautious and vigilant while traveling, seeking current advice and taking the necessary precautions to protect themselves regardless of the country they are visiting.
However, Jamaica gained its independence in 1962 and maintained the buggery law adopted from the British constitution. Over the past two years, we have relocated nearly 300 gay, lesbian, bisexual, non-binary and transgender Jamaicans experiencing extreme persecution. This can include acts such as mutual masturbation, oral sex, or other genital stimulation, and in some interpretations, even holding hands.
Penalties for Prohibited Acts
Individuals convicted under these laws face significant legal consequences.
Thirdly, connect with LGBT organizations and safe spaces to get guidance on navigating the local culture.
It is essential to keep in mind that situations can change quickly, and information may become outdated. However, it is crucial for both locals and visitors to remember that the situation may vary depending on the location, and one must always exercise caution and be aware of current laws.
As an LGBT traveler, there are several steps to consider in order to protect yourself and ensure a safe and enjoyable trip.
In some tourist areas, LGBT individuals may experience a more accepting atmosphere, as tourism businesses are often more tolerant and understanding.
This legislative stance means that same-sex partners cannot legally marry or enter into civil partnerships, impacting various rights and benefits typically afforded to married or recognized couples.
There are no specific anti-discrimination laws in Jamaica that protect individuals based on their sexual orientation or gender identity.
Between 2009 and 2012, the Jamaican Forum for Lesbians, All-Sexuals, and Gays (J-FLAG) documented 231 reports of discrimination and violence based on gender identity and/or sexual orientation. But such laws remain on the books in five other countries in the Americas: Jamaica, Guyana, Grenada, Dominica, and St Vincent and the Grenadines.
Cecilia Miller( LGBTQ+ Rights Advocate And Activist )
Cecilia Miller is a lesbian love warrior and educator fighting for queer justice and ensuring every shade of the rainbow shines bright & bold!
As an LGBT traveler, it’s important to address the topic of LGBT rights in Jamaica and how they affect both local people and tourists.
In comparison to local people who may experience discrimination and violence daily, tourists may have better chances of avoiding such issues by:
- Avoiding public displays of affection: While not entirely foolproof, this measure can help prevent unwanted attention.
- Sticking to tourist-friendly areas: Please do your research on which locations offer a safer and more welcoming environment for the LGBTQ+ community.
- Connecting with local LGBTQ+ groups: Organizations like J-FLAG can provide valuable information and assistance while navigating Jamaica as an LGBTQ+ individual.
- Remain vigilant: Always be mindful of your surroundings, as bad actors exist in every country.
These recommendations may provide some protective measures during your visit; however, it is crucial to seek updated information and advice before traveling.
Remember that the situation can change rapidly, and it’s always best to err on the side of caution and stay informed.
The Future For The Queer Community In Jamaica
It is crucial to discuss the future of LGBT rights in Jamaica, especially in terms of how they impact both local people and tourists.
The other defendant, Simone Edwards, a lesbian woman, obtained asylum in the Netherlands after she was shot twice in anti-gay violence, according to Human Dignity Trust.
The Inter-American Commission on Human Rights, which is part of the Organization of American States, recommended at the time that Jamaica repeal its so-called anti-buggery law.
This provision applies to all individuals, though its enforcement primarily targets men. Beyond direct incarceration, the Sexual Offences Act mandates that individuals convicted of these specified offenses must register as sex offenders. A conviction for “buggery” under Section 76 of the Offences Against the Person Act carries a maximum penalty of ten years imprisonment, which may include hard labor.
For those found guilty of attempted buggery or indecent assault upon a male person, as outlined in Section 77, the potential punishment is imprisonment for a term not exceeding seven years.
Despite the progress made, discrimination and violence against the LGBT community continues.
For tourists and locals alike, the environment surrounding LGBT rights can differ dramatically. The law does not distinguish between consensual and non-consensual acts for this specific offense.
Section 77 of the Offences Against the Person Act addresses attempted buggery or any indecent assault upon a male person.
Jamaica has resisted such a repeal, and is considered the Caribbean nation most hostile toward gay people.
“Jamaica is really an outlier,” said Devon Matthews with Rainbow Railroad, a Canadian group that helps members of the LGBTQ community escape violence. By being aware of the local context and taking precautionary measures, you can help ensure a safer and more enjoyable experience as an LGBT traveler in Jamaica.
The most homophobic place on earth
The Issue
Jamaica has always been at the core of our work.
That’s why we also partner, where possible, with community based organizations to elevate the work of local activists and advance the state of human rights in the region.