Development & Aid, Headlines, Health, Human Rights, Latin America & the Caribbean

RIGHTS-JAMAICA: Gov’t May Repeal Anti-Gay Laws

Zadie Neufville

KINGSTON, Aug 5 2005 (IPS) - In a desperate bid to limit the spread of HIV/AIDS, the Jamaican government is preparing to hear arguments for and against existing legislation outlawing homosexuality and prostitution.

It represents an about-face from the previous hard-line stance by the Percival Patterson administration, which had in the past refused to consider repealing the so-called "Buggery Act" or hear any arguments on the issue.

In what has been billed as a "matter of public health", the parliamentary committee on Human Resources and Social Development last week raised the topic in a report examining ways to fight the spread of HIV/AIDS and eliminating discrimination against those living with the disease.

Since HIV/AIDS was first found in Jamaica in 1982, an estimated 25,000 Jamaicans have contracted the virus. Between 1982 and 2003, more than 8,000 people died from AIDS. And health officials report that in the last year alone, there has been a 26 percent jump in the number of new infections.

The call for dialogue coincides with the tabling of a national HIV/AIDS policy that Health Minister John Junor says will provide a blueprint for the reduction of the number of new HIV infections.

The policy, he said, promoted "responsible sexual behaviour; facilitates behaviour change and communication strategies and interventions, including targeted interventions with commercial sex workers, with men who have sex with men, and with the prison population."


Health officials have long argued for the removal of laws against prostitution and homosexuality, which they say are fuelling the spread of the virus across the Caribbean.

Activists say the laws must be changed to penalise those who discriminate against homosexuals, and health officials are urging the government to regulate commercial sex in an effort to minimise its impact on the health system.

According to data from the Ministry of Health, 31 percent of those who contracted HIV in Jamaica between 1982 and 2003 reported sex with a prostitute, and 1,812 of the men failed to record their sexual preferences. About six percent were gay or bisexual. But health officials speculate that many more could be homosexuals or men who have sex with men, who fail to disclose their partners because they fear discrimination.

Authorities are concerned that the number of people infected with the HIV virus may far exceed official figures because about a third of all AIDS cases are discovered when the individual dies. Additionally, roughly two-thirds of those who are infected seek treatment only at the onset of full-blown AIDS.

In 2004, Human Rights Watch accused the Jamaican authorities of condoning policies that contributed to the spread of HIV/AIDS. They pointed out that the 140-year old Offences Against the Person Act promoted discrimination and forced gays underground.

Under the Act, consenting homosexual adults males can be imprisoned for to 10 years with hard labour if they are caught in the act. Prostitution is also outlawed by the said Act.

James Burke, a campaigner with Amnesty Internation’s Americas Programme, said that the law "does not comply with international human rights standards."

"(Amnesty) considers that the retention of laws that treat people who are homosexual as criminals lends support to a climate of prejudice in which discrimination, physical attacks and other abuses against people who are or are believed to be homosexual, are likely to occur," he told IPS.

In its report, the parliamentary committee agreed that repealing the current legalisation could help to reduce the number of new cases of HIV infection. Junior Education Minister Donald Rhodd, a rising star in the Patterson administration, leads the committee.

According to the report, the committee has determined that HIV/AIDS has a "far-reaching impact" on all facets of Jamaican society and "should be examined in a comprehensive way" to determine the impact of HIV/AIDS on development.

The report also noted strong objections by some committee members "mainly on the grounds of moral and religious principles." It noted further that other members felt that "it was an issue that the leadership and the entire country would need to address as a matter of urgency."

The discussion is expected to revive homophobic sentiments in a country where homosexuality is not only against the law, but regarded by the majority as abnormal and wicked.

The local gay rights lobby group, Jamaica Forum for Lesbians, All-Sexuals and Gays (J-FLAG) welcomes the move as a "first tentative step in the right direction".

Given the repeated refusal by high-level political leaders, including Prime Minister Patterson to endorse a repeal of discriminatory legislation, however, activists are concerned that this call for dialogue could be nothing more than a band-aid and a reaction to international pressure.

According to co-chair of J-FLAG, Gareth Mullings, the call for national dialogue is useless if the government has been forced into a compromise.

"The debate disappears when the pressure disappears," he said.

In 2001, J-FLAG’s attempt to repeal the law and have the constitution amended to give homosexuals the rights afforded every other Jamaican was struck down by a parliamentary committee.

"We cannot on the one hand expect to be a first class port of call for North Americans and Europeans in our tourist industry, and on the other, be seen to brush gross violations of the human rights of sexual minorities aside as ‘part of the Jamaican culture’ we expect tourists to come and enjoy," he noted.

There is speculation that the government may be taking its cue from the private sector. Last year, in reaction to a successful campaign by gay lobbyists to cancel shows featuring top international reggae acts performing so-called homophobic "murder music", several multinationals with Jamaican branches took a stand against violent anti-gay lyrics.

On Oct. 1, the Jamaican subsidiaries of Cable and Wireless, Courts, Digicel, Pepsi Cola, Guinness-owned Red Stripe and local giant Wray and Nephew Limited announced that would drop any artists who "promote violence of any form" from their advertising campaigns. A week later, Sandals Resort International removed the word "heterosexual" from its European advertising.

In a collective statement, the corporate giants said, "We are concerned that the continued use of violent lyrics could ultimately lead to the decline of our music industry as well as a social and economic backlash."

As recently as July, some popular reggae acts were dropped from major reggae festivals because corporate sponsors refused to endorse them.

 
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