Image from a tweet from U.S. Ambassador N. Nickolas Perry and the U.S. Embassy, Kingston, supporting Jamaica’s LGBTQ+ community, used with permission. In Jamaica, same-sex marriage is illegal, and likely to stay that way for some time. LGBTQ+ issues have long been a vexed issue in Jamaica — and rarely discussed at an official level. Jamaica's Information Minister recently announced that LGBTQI+ rights and abortion will not be on the agenda during ongoing discussions on constitutional reform. While several Caribbean nations took positive steps towards recognition of the LGBTQ+ community in 2022, Jamaica was not among them. The island’s archaic anti-sodomy laws remain on the books despite a 2020 report by the Inter-American Commission on Human Rights calling for the repeal of the island's Offences Against the Persons Act. The Jamaican government has not yet responded to that report. Meanwhile, on March 31 this year, activist Maurice Tomlinson’s long-running efforts in a constitutional case challenging the anti-sodomy law were put on hold, pending a separate trial date that will determine whether the Supreme Court can adjudicate the matter. Four Christian groups are interested parties in the case. Tomlinson, who is himself married to a same-sex partner, had also petitioned the American Commission on Human Rights (IACHR) in 2018, seeking a declaration that Jamaica’s constitutional ban on same-sex marriage contravenes various articles of the American Convention of Human Rights. This was finally accepted for a decision by the IACHR, in November 2022. The American Convention on Human Rights (Pact of San José, Costa Rica) was ratified by Jamaica in 1969. The issue was personal for Tomlinson, whose Canadian husband was denied the right to live and work in Jamaica when they wanted to visit his ailing parents there. Tomlinson noted: Despite the clear harms to Jamaican citizens the government had argued that the same-sex marriage ban is valid because the original framers of the American Convention did not contemplate same-sex marriage. However, the framers of the Convention deliberately left the classes of discrimination open since they wisely knew that as society progressed new forms of discrimination would be recognized, including against blacks, women, and other minorities. Against this background, a radio news report emerged on July 17 regarding alleged diplomatic tension over a request for the granting of immunity for a same-sex spouse. The report cited unnamed sources, including a “senior government official” who alleged that “the United States government wrote to the Jamaican government seeking its approval for the married partner of a diplomat about to be posted to Jamaica, to be given diplomatic immunity and all the privileges of a diplomat.” The request was initially ignored, the report says, and after the U.S. government repeated it, it was denied. The media source also asserted that the U.S. government had retaliated by denying a request from the Jamaican government to extend the stay of three diplomats in Jamaica's embassy in Washington, D.C. and consulates in the United States after a five-year stay — including Jamaica's ambassador to the U.S., Audrey Marks, and its consul general in Florida, Oliver Mair. Both the U.S. Embassy in Jamaica and Jamaica’s Ministry of Foreign Affairs and Foreign Trade almost simultaneously denied the latter part of the report, pointing out that Jamaican diplomats normally rotate and have a five-year tenure, and stressing the good relations between the two countries. The U.S. Embassy posted on Twitter: pic.twitter.com/jXogVSIBCw — US Embassy Jamaica (@USEmbassyJA) July 18, 2023 The Ministry of Foreign Affairs and Foreign Trade also shared a statement through Minister of Information Robert Morgan on July 19 at a post-Cabinet press briefing at the Office of the Prime Minister: Minister of Foreign Affairs and Foreign Trade, Senator Kamina Johnson Smith, says the Governments of Jamaica and the United States (US) continue to enjoy strong and positive diplomatic relations.https://t.co/mlU0YlWnJn — Jamaica Observer (@JamaicaObserver) July 19, 2023 Foreign Affairs Minister Kamina Johnson Smith noted that Jamaica has always complied with procedures and set term limits for the tenures of its diplomats within the US: “The Ministry of Foreign Affairs and Foreign Trade has complied with these procedures and has, in fact, conducted its customary rotation exercise.
Aid Journal
A ‘diplomatic tiff’ over same-sex marriage is downplayed, but differences on LGBTQ+ issues remain in the Jamaica-U.S. relationship
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