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Rastafari , also known as Rastafarianism , is an Abrahamic religion that developed in Jamaica during the s.
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Sexual behaviour between women is legal. In , Time magazine labeled Jamaica "the most homophobic place on Earth",  and in the majority of LGBT people were subject to homophobic violence. The government of Jamaica said in that it "is committed to the equal and fair treatment of its citizens, and affirms that any individual whose rights are alleged to have been infringed has a right to seek redress.
Islands in the Commonwealth Caribbean adopted British buggery laws; however these laws were not as strictly regulated in the Caribbean as in the United Kingdom up until the Victorian era. Prior to this era, recounts were made of the island's British occupants engaging in sodomy, which may correlate with the fact that the first colonists were mostly men.
The slave communities in Jamaica and the rest of the British Caribbean were made up of men and women from West Africa, the men being more sought after by slave owners. In England, the Buggery Law of was liberalized in By this point, Jamaica had already gained its independence in , and thus its buggery law adopted from the British constitution, is still in force to this day.
Jamaica's laws do not criminalise the status of being LGBT but instead outlaw conduct. Section Unnatural Offences. Whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding ten years. Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour.
Outrages on decency. Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding two years, with or without hard labour.
According to Human Rights Watch , regardless of how often persons are convicted of buggery or gross indecency, "the arrests themselves send a message. Other matters. Any constable may take into custody, without a warrant, any person whom he shall find lying or loitering in any highway, yard, or other place during the night, that is to say the interval between 7 o'clock in the evening and 6 o'clock in the morning of the next succeeding day, and whom he shall have good cause to suspect of having committed, or being about to commit any felony in this Act mentioned, and shall take such person, as soon as reasonably may be, before a Justice, to be dealt with according to law.
Police have great discretion in detaining individuals under Section This and other laws are used by police to detain men who are engaged in sodomy, or who are abusing animals. The European Parliament in passed a resolution calling on Jamaica to repeal its "antiquated and discriminatory sodomy laws and to actively combat widespread homophobia".
Following Jamaican Prime Minister Portia Simpson 's pledge that "no one should be discriminated against because of their sexual orientation", and that that the government will seek a review on the buggery law, which it did not happen; LGBT rights campaigner Maurice Tomlinson filed a case against Jamaica at the Inter-American Commission on Human Rights in February He had fled the country because of death threats after news about his marriage with his partner Tom Decker in Canada reached the local media.
No date for the first hearing has been set. In June , the court began hearing the case. It was adjourned to 26 April when the applications by the various parties were heard. The lawsuit remains pending. Both claim they fled Jamaica because of those laws. Gareth Henry sought asylum in Canada in after enduring repeated attacks by homophobic gangs and police brutality, said he was forced to flee Jamaica in fear of his life, simply because of being gay.
Simone Edwards fled Jamaica and was granted asylum in the Netherlands in after two men in a homophobic gang fired shots at her house. They also tried to kill her two brothers, one of whom is gay. Based on the outcome of the investigation it will the make recommendations to the Jamaican government. The Government of Jamaica has objected to the admissibility of the Petition and defended its anti-gay laws.
The case is still pending. A recommendation that was criticised by LGBT activists. In , Ernest Smith, a Labour Party member of Parliament , stated during a parliamentary debate that "homosexual activities seem to have taken over" Jamaica, described homosexuals as "abusive" and "violent", and called for a stricter law outlawing homosexual conduct between men that would impose sentences of up to life in prison.
The Civil Service Staff Orders of which have the force of law protect Jamaican civil servants from discrimination on the grounds of sexual orientation. According to the Inter-American Commission on Human Rights , Jamaica has "no law which prevents discrimination against an individual on the basis of his or her sexual orientation, gender identity, or gender expression.
There is no legislation addressing hate crimes in Jamaica. While it does guarantee all citizens numerous civil and political rights, it pointedly stipulates that the charter does not invalidate laws dealing with sexual offenses, pornography or "the traditional definition of marriage". Functionally, this means no change for the legal status of "homosexuals".
Jamaica was the first country to constitutionally ban same-sex marriage in July He argues that because the Jamaican Constitution does not recognise same-sex marriage, he and his husband Tom Decker are unable to enjoy the benefits and protections afforded to them. Tomlinson wants to return to Jamaica, with his Canadian husband in order to work and look after his ageing parents, who are in rapidly declining health.
It also outlined several instances in which persons believed to be members of the LGBT community had been killed. Further, he wants the IACHR to recommend that the Government allow the naturalisation of same-sex spouses of Jamaican citizens on the same conditions as heterosexual spouses of Jamaican citizens. He also wants the Jamaican Government to condemn and monitor serious human-rights violations, including discrimination and hate speech, as well as incitement to violence and hatred. A letter dated July 18, , has subsequently been sent to Ambassador Audrey Marks , permanent representative of Jamaica to the Organisation of American States , requesting a government response to the petition in three months.
Neither one of the two major political parties in Jamaica has expressed any official support for rights for its homosexual citizens. However, at a televised debate in late December between opposition leader and former prime minister Portia Simpson-Miller of the People's National Party PNP and then- Prime Minister Andrew Holness , she said she would consider appointing anyone she felt was most qualified for her cabinet regardless of sexual orientation  and added that she wanted to see conscience votes allowed by the major parties on LGBT rights issues in parliament.
In April , then-opposition leader and future prime minister Bruce Golding vowed that "homosexuals would find no solace in any cabinet formed by him". New or minor political parties, no matter their political philosophy, oppose LGBT rights. Instead of remaining silent, she chose to speak out and started her own organisation to advocate for women like her, and get them treatment and get them justice, and push back against stereotypes, and give them some sense of their own power.
Women's Empowerment for Change WE-Change is a women-led, organization that was founded in as a response to the largely marginalized Lesbian, Bisexual and Transgender women community in Jamaica.
At the end of the programme, it was felt that in order to involve LBT women in social justice advocacy a rights-based, a young women led group should be formed and WE-Change was born. Since , the organization has used advocacy, actions and projects which are guided by the political ideology of Black feminism with the objective of bringing attention to societal issues that impact the quality of life of women across Jamaica as well as educating women on their fundamental rights and equipping them with the tools and information requisite to advocate within their.
Maurice Tomlinson is a Jamaican lawyer, law professor, and gay rights activist currently living in Toronto, Ontario, Canada. He stated in the court filings, "the laws of Jamaica that criminalise consensual sexual intimacy between men essentially render me an un-apprehended criminal.
These include the rights to liberty and freedom of the person, freedom of expression, privacy and family life, and freedom from inhuman or degrading punishment or other treatment, among others. She is one of the more notable young women's rights activists in the country and can be credited with being an instrumental in the abortion reform movement currently ongoing in Jamaica. The Inter-American Commission on Human Rights in said that "discrimination based on sexual orientation, gender identity, and gender expression is widespread throughout Jamaica, and Those who are not heterosexual or cisgender face political and legal stigmatisation, police violence, an inability to access the justice system, as well as intimidation, violence, and pressure in their homes and communities.
Human Rights Watch said in that because of homophobia, "human rights defenders advocating the rights of LGBT people are not safe in Jamaica". In its report,. Jamaica stressed that, although consensual sex between adult males remained proscribed by law, there was no legal discrimination against persons on the grounds of their sexual orientation. Jamaica pointed out that Jamaican law did not criminalise lesbian, gay, bisexual and transgender orientation, nor did the Government condone discrimination or violence against lesbian, gay, bisexual and transgender persons.
Likewise, there was no evidence of any mob-related killing of lesbian, gay, bisexual or transgender persons. Jamaica stressed that the issue of male homosexuality was one of great sensitivity in Jamaican society, in which cultural norms, values, religious and moral standards underlay a rejection of male homosexual behaviour by a large majority of Jamaicans; and that the Government was committed to ensuring that all citizens were protected from violence.
During the UPR working group meeting, Australia encouraged Jamaica to repeal its laws against same-sex activities and condemn homophobic statements made by public figures. Slovenia stated that the abuse and harassment of LGBT persons by law enforcement officials were "highly worrisome".
Jamaica refused to support the recommendations made about LGBT rights. Jamaica stated that it was aware of existing concerns and observed that this was a sensitive issue. Human rights non-governmental organisations and governmental entities have agreed that violence against LGBT people, primarily by private citizens, was widespread in During the year[,] J-FLAG received 68 reports of sexually motivated harassment or abuse, which included 53 cases of attempted or actual assault, including at least two killings, and 15 reports of displacements.
J-FLAG data showed that young people, ages 18 to 29, continued to bear the brunt of violence based on sexual orientation. Amnesty International has "received many reports of vigilante action against gay people by members of the community, and of ill-treatment or torture by the police.
Gay men and lesbian women have been beaten, cut, burned, raped and shot on account of their sexuality. We are concerned that these reports are just the tip of the iceberg. Many gay men and women in Jamaica are too afraid to go to the authorities and seek help.
Violence against HIV positive people is commonplace, but legal repercussions for the aggressor are rare. In January , Jamaica has banned Steven Anderson , from the Faithful Word Baptist church in Tempe , Arizona , a Holocaust-denying anti-gay pastor after outcry from activists on the island. The pastor said he was about to board a flight to Kingston when he was informed he would not be allowed into Jamaica.
In January , Director of Tourism Donovan White said that gay tourists are welcome and that Jamaicans harboured no open hostility towards gay visitors during a press conference at the Caribbean Travel Marketplace in Montego Bay. The government's actions forced the cancellation of the pride events. Other venues cancelled their reservations on the LGBT group because of fear of backlash. Further, the policed advised that because of the mayor and councilors actions, the homophobic hysteria whipped up, they can't provide any kind of protection to LGBT Jamaicans.
All of this forced the cancellation of the scheduled pride events that were to be held in October Maurice Tomlinson, Jamaican LGBT activist, Mobay Pride organizer, and lawyer, was also mobbed by homophobic Jamaicans in September while he attempted to protest the mayor's and councilor's actions. Police ruled that the murder was the result of a robbery, but J-FLAG believes his murder was a hate crime. She found a small crowd singing and dancing.
One man called out, " Battyman he get killed. Others sang "Boom bye bye", a line from a well-known dancehall song by Jamaican star Buju Banton about shooting and burning gay men. HRW also reported that police helped a suspect evade identification, and consistently refused to consider the possibility of a homophobic motive for the killing, with the senior officer responsible for the investigation claiming "most of the violence against homosexuals is internal.
We never have cases of gay men being beaten up [by heterosexuals]. Gunmen reportedly burst into his home and demanded money, demanding to know "Are you battymen? So they took him out and killed him. Their trial began and was then postponed in It was resumed in , in one of the accused was set free.
In April , students at the Mona campus of the University of the West Indies rioted as police attempted to protect a man who had been chased across the campus because another student had claimed the man had propositioned him in a bathroom.
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Rastafari homophobia is biblical | Xtra
Over the past couple of months, five Jamaican dancehall musicians have had their shows in Ontario cancelled because of virulently homophobic lyrics calling for the murder of queers. Dancehall is an offshoot of reggae, a more dance-oriented version with the addition of hip-hop beats and a more urban focus.
And like reggae, many dancehall musicians are Rastafari, a religion as homophobic as fundamentalist Christianity. The movement adopted many of the teachings of black nationalist Marcus Garvey — regarded as a prophet by many Rastafari — who preached black pride and pride in African heritage. But Rastafari also adopted many of the beliefs of fundamentalist Christianity, although with their own unique interpretations. Rastafari believe in a strict interpretation of the Old Testament, which is why they believe that smoking ganja is a sacrament.
Rastafari believe that homosexuality is a product of Babylon corrupt modern society and will not be found in Zion the black homeland and birthplace of humanity. While Rastafari are not numerous — estimates say about a million — most are found in Jamaica and their effect on the country is profound, especially when coupled with the fundamentalist Christianity prevalent in Jamaica.
As well as believing in racial segregation, bobo Rastas go in for a fire-and-brimstone reading of the Old Testament that makes Jamaican Christianity look liberal. Sizzla and Capleton are two of the artists recently stopped from performing in Canada.
Bobo Shanti Rastas, the sect to which both belong, follow a lifestyle based on the Old Testament, including rules for menstruating women that limit interaction between the sexes. When it comes to homosexuality, they believe that God destroyed Sodom and Gomorrah because of their tolerance of homosexuality. The fire is self-awareness and self-control. You must stay away from self-serving immorality.