Fight against homophobic laws

THE EDITOR, Madam:

Jamaica is at a critical juncture. Still grappling with the legacies of colonial rule, the death of Queen Elizabeth II triggered renewed calls to rid itself of the remnants of colonisation, including thorough constitutional review. At present, Jamaica’s Constitution includes a clause that seemingly preserves some pre-Independence laws, in clear violation of other rights. Although the ongoing review presents an excellent opportunity to rectify this, recent announcements have raised concerns that this opportunity for justice may slip away.

In an appeal to the religious community, and arguably voters, the Jamaican Government has refrained from changing outdated, unjust laws that discriminate against LGBTQ+ people. However, despite the Government’s position, a case brought by lawyer Maurice Tomlinson could prevent the retention of these discriminatory laws.

With the support of the HIV Legal Network, Tomlinson is challenging Jamaica’s archaic anti-sodomy laws which date back to the 19th century. The case will be heard in the Constitutional Court of Jamaica’s Supreme Court from June 26 to 28. If successful, this case will pave the way for transformational change against the harmful effects of these discriminatory laws. But the ongoing constitutional review means that Tomlinson is racing against time.

MISGUIDED LAWS

It is important that his case is heard and decided before a new Constitution comes into effect that could entrench these misguided laws. If Tomlinson wins this court case, this would prevent the anti-gay laws from being preserved.

Although this pending constitutional review certainly intensifies the urgency of Tomlinson’s case, the challenge is twofold. In addition to the pressing human-rights concerns, reversing the anti-sodomy law without further delay is crucial to promoting the health of all people. Fear of criminal prosecution, and the stigma and discrimination this engenders, deters people from accessing HIV prevention, care, treatment and support. Despite common misconceptions, the task of repealing anti-gay legislation is not only a human-rights imperative for the LGBTQ+ community, but a critical public health and human-rights issue for all.

Jamaica currently stands at a crossroads, with the protection of human rights hanging in the balance. The Government’s resolve to maintain the status quo not only goes against its stated intention to decolonise the Constitution – as anti-gay legislation was a colonial-era import – it also perpetuates the violation of human rights and ignores the public health implications of these laws. By challenging them, Tomlinson’s case provides hope that a more rights-respecting Jamaica may be on the horizon.

MAURICE TOMLINSON

Human Rights Advocate

SANDRA KA HON CHU

Co-Executive Director,

HIV Legal Network