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http://arks.princeton.edu/ark:/88435/dsp01bg257j312| Title: | Diversifying LGBT rights advocacy: A legal review |
| Contributors: | Murray, Glenroy Long, Monique Nelson, Noelle |
| Keywords: | Gay rights—Jamaica—Law and legislation Gay liberation movement—Jamaica |
| Issue Date: | 2017 |
| Publisher: | J-FLAG / Equality Jamaica |
| Place of Publication: | Kingston, Jamaica |
| Description: | J-FLAG is the foremost human rights and social justice organisation in Jamaica which advocates for the rights of lesbian, gay, bisexual and transgender (LGBT) people. In trying to build a Jamaican society that respects and protects the rights of everyone, J-FLAG has been, and continues to be committed to promoting social change, empowering the LGBT community, and building tolerance for, and acceptance of, LGBT people. Despite their efforts, general antipathy towards LGBT persons subsists. The Government of Jamaica (GoJ), however, has consistently maintained that “it is committed to the equal and fair treatment of its citizens [and that] it is opposed to discrimination or violence against persons whatever their sexual orientation.” A majority of Jamaicans has acknowledged that LGBT persons are treated unfairly by the state; research shows that 82 per cent of Jamaicans said they believed homosexual men were not treated fairly by either the legal system or the police in Jamaica, with 79 per cent believing the same of lesbian women. However, many Jamaicans have no interest in shifting that status quo; with 68 per cent saying gay men should not have the same rights as others and 26 per cent saying they should and 65 per cent saying lesbian women should not have the same rights as other people under the Jamaican legal system, and 30 per cent saying they should. Sections 76 – 79 of the Offences Against the Person Act, 1864 (more popularly known as the ‘buggery law’) have been at the core of legislative advocacy that seeks to address the ways in which Jamaican law discriminates against lesbian, gay, bisexual and transgender (LGBT) persons. The push for the repeal of the ‘buggery law’ has been met with great opposition. Groups such as Lawyers’ Christian Fellowship, Jamaica CAUSE and Love March Movement have consistently and strategically campaigned and rallied in their numbers to sound out their support for the retention of the ‘buggery law’. Consequently, the LGBT rights movement in Jamaica has been hindered to a large degree by the framing of LGBT rights as being squarely or primarily about anal intercourse between males and sexual intimacy between males. This has also contributed to the invisibility of rights abuses experienced by LBT women and transgender men. Furthermore, attempts to improve the human rights situation of LGBT persons are continually misrepresented as being a part of a “gay agenda” that is primarily interested in getting rid of the ‘buggery law’. From a legal standpoint, the ‘buggery law’ is but one feature of a system of laws that has been crafted based on heteronormative and cisnormative values which privilege the experiences of heterosexual and cisgender persons and excludes those of LGBT persons. With this in mind, Jamaican LGBT rights activists will have to assess the value of embroiling themselves in a cultural warfare with the aforementioned religious groups over the ‘buggery law’ and whether it advances the cause for equal rights. Based on our realities, diversification is not merely an option but an imperative. And so it behooves us, as advocates, to conduct a wholesome research exercise into how deeply Jamaican laws reflect heteronormativity, cisnormativity, homophobia and transphobia. This will aid in determining how best to develop, frame and articulate our points of advocacy to the benefit of the community we serve. |
| URI: | http://arks.princeton.edu/ark:/88435/dsp01bg257j312 |
| Related resource: | https://www.equalityjamaica.org/wp-content/uploads/2021/08/Diversifying-LGBT-Rights-Advocacy-%E2%80%93-A-Legal-Review.pdf |
| Appears in Collections: | Monographic reports and papers (Publicly Accessible) |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| Diversifying-LGBT-Rights-Advocacy-–-A-Legal-Review.pdf | 5.61 MB | Adobe PDF | View/Download |
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