Jamaica's buggery law not among the most severe in the Caribbean region .............

A letter appeared in the Gleaner earlier today on a study conducted by JFLAG on the Buggery Law in the Caribbean making comparisons to other states as to severity. Here is the letter firstly, meanwhile the antigay spin doctors try to twist the narrative that of Jamaica being mislabeled as the most homophobic place on earth. 

The letter:

THE EDITOR, Sir:

Research around the application of Jamaica's buggery law reveals it is not among the most severe in the Caribbean region. The findings, which are contained in a study conducted by J-FLAG titled 'Criminalizing Private Consensual Intimacy II', help to challenge the decades-old belief that Jamaica is the most homophobic place on earth.

The study found that when compared to similar laws in other Commonwealth Caribbean countries, Jamaica is neither the best nor the worst as it relates to the criminalisation of private, consensual same-sex conduct. Six Caribbean countries criminalise both male-to-male and female-to-female consensual sexual activity. They are Antigua & Barbuda, Barbados, Dominica, St Lucia, St Vincent and the Grenadines, and Trinidad & Tobago. In Jamaica, only male-to-male consensual sexual activity is criminalised, in addition to the criminalisation of anal sex regardless of gender.

J-FLAG undertook the study to review statistics on the use of the buggery law in the justice system, explore the treatment of similar laws internationally, and compare the severity of the local buggery law to others in the Commonwealth Caribbean.

Sentences vary across the Caribbean. In Barbados, for example, the offence of buggery can attract a maximum sentence of life in prison, while in Trinidad and Tobago, a maximum sentence of 25 years. This is significantly more severe than the maximum 10 years in Jamaica.

NOT AS HARSH

The fact that Jamaica's punishment for buggery is not as harsh as some Caribbean neighbours does not mean the law must not be amended.

This is by no means an indication that the law does not affect LGBT people across the country. The buggery law continues to be a locally and internationally recognised symbol of state-sanctioned discrimination against LGBT Jamaicans. Reform of this unjust law remains urgent, since the provisions do not align with the fundamental rights to privacy and equality before the law as secured in the Charter of Fundamental Rights and Freedoms.

This is particularly true of Section 80 of the Offences Against the Person Act, which legalises wanton arrests of gay men and trans women. Fixing this and other laws, and creating a welcoming legal and policy environment for LGBT Jamaicans, are steps in the right direction.

DANE LEWIS

GLENROY MURRAY

J-FLAG

ENDS

 the article that got most persons in a bind

How the article was misrepresented is part and parcel of how the already existing homonegative feelings led to the deceptive narrative by ignorant religious fanatics (that make honest church fol look stupid) is why there is hardly any serious movement in changing hearts and minds. The social media firestorm is now sending a narrative that JFLAG et al were lying on Jamaica all along and further justification for no change to the buggery law, repeal or amendment.

JFLAG tried to clarify its agenda though somewhat late as the public and homophobic groups kept using the full repeal arguments instead of the change in position, the J took too long to adjust themselves in my view.

Also see: Is ‘The Most Homophobic Place on Earth’ Turning Around? (2015), Buggery law referendum baiting by JLP in #Javote2016 campaign and J-FLAG now advocating for decriminalisation of same-sex acts

The Star News still couldn't help themselves despite some slight forward thinking in recent years, they headlined the story, when it is the law that is being discussed and not the inherent multi-generational homophobia:

Jamaica not the most homophobic country

In the face of calls for Jamaica’s buggery laws to be repealed, one of the main organisations that supports homosexuality has discovered that Jamaica is not the most homophobic place on Earth.

Having conducted a study, titled, Criminalising Private Consensual Intimacy, J-FLAG found that in Barbados, the offence of buggery can attract a maximum sentence of life in prison. In Trinidad and Tobago, the maximum sentence for buggery is 25 years in prison, while in Jamaica the maximum penalty is 10 years imprisonment.

“This is by no means an indication that the law does not affect LGBT people across the country,” Dane Lewis, J-FLAG’s executive director said.

“The buggery law continues to be a locally and internationally recognised symbol of state-sanctioned discrimination against LGBT Jamaicans. Reform of this unjust law remains urgent since the provisions do not align with the fundamental rights to privacy and equality before the law as secured in the Charter of Fundamental Rights and Freedoms,” he said.

ENDS

Good to see the attempt by the goodly JFLAG to provide some figures and a more balanced comparison but the public's response despite way heightened visibility shows me we have a long road ahead.

Peace & tolerance

H