Human rights in Jamaica
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Human rights in Jamaica is an ongoing process of development that has to consider the realities of high poverty levels, high violence, fluctuating economic conditions, and poor representation for citizens. Jamaica is a constitutional
parliamentary democracy A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
. The context of Jamaica’s history must be considered to understand the political factors that help shape its government and economy.


History


Jamaican Maroons

During the colonial era, as early as 1512, African slaves who escaped their Spanish conquerors and joined the indigenous people of lands they encountered were called “ Maroons”. The slaves who abandoned the Spanish Colonists in 1655 after the British Colonists’ occupation of Jamaica were known as the
Jamaican Maroons Jamaican Maroons descend from Africans who freed themselves from slavery on the Colony of Jamaica and established communities of free black people in the island's mountainous interior, primarily in the eastern parishes. Africans who were ensl ...
. These slaves who managed to escape to their freedom became independent groups who set up their own sovereign communities and coalesced into many heterogeneous groups that maintained their own limited self-government. In 1738, after major uprisings and violent raids of plantations, major sects of the Maroon communities agreed to specific treaties with the British allowing them a limited amount of autonomy and land. The strife and insurrection that led to the
First Maroon War The First Maroon War was a conflict between the Jamaican Maroons and the colonial British authorities that started around 1728 and continued until the peace treaties of 1739 and 1740. It was led by self-liberated Africans who set up communities i ...
and then to a Second Maroon War underscored the necessity to negotiate a treaty with the rebellious Maroon society. The economic instability was a major concern for the government at that time which recognized the importance of subduing the Maroon threat.


Slavery

The
Slave Trade Act of 1807 The Slave Trade Act 1807, officially An Act for the Abolition of the Slave Trade, was an Act of the Parliament of the United Kingdom prohibiting the slave trade in the British Empire. Although it did not abolish the practice of slavery, it ...
where the British Parliament ended the slave trade in the United Kingdom created a new dynamic in Jamaica between the
planter class The planter class, known alternatively in the United States as the Southern aristocracy, was a racial and socioeconomic caste of pan-American society that dominated 17th and 18th century agricultural markets. The Atlantic slave trade permitted ...
and the remaining slaves. The treatment of the estimated 300,000 slaves in Jamaica worsened as the planter class intransigently went against the British Parliament's admonishment to treat slaves in a more humane manner. Samuel Sharpe and the
Baptist War The Baptist War, also known as the Sam Sharp Rebellion, the Christmas Rebellion, the Christmas Uprising and the Great Jamaican Slave Revolt of 1831–32, was an eleven-day rebellion that started on 25 December 1831 and involved up to 60,000 of th ...
served as a catalyst to force the British Empire to focus greater attention on the moral and practical issues of slavery. The Slavery Abolition Act of 1833 was ultimately passed. Even though slavery was abolished in 1833, there remained a systematic failure to grant equality to the newly freed slaves. The underlying motives of Britain was apparent in their immediate efforts to compensate the slave owners first which gave them the power to dictate such institutions as six-year apprenticeships. In 1865 the
Morant Bay Rebellion The Morant Bay Rebellion (11 October 1865) began with a protest march to the courthouse by hundreds of people led by preacher Paul Bogle in Morant Bay, Jamaica. Some were armed with sticks and stones. After seven men were shot and killed by th ...
marked a moment in Jamaican history when the dialogue between the government and the oppressed reached a fever pitch, led by Baptist deacon and activist
Paul Bogle Paul Bogle (1822– 24 October 1865)Dugdale-Pointon, T. Military History Encyclopedia good on the Web, 22 September 2008. was a Jamaican Baptist deacon and activist. He is a National Hero of Jamaica. He was a leader of the 1865 Morant Bay pr ...
. There was confusion between the poor black population and the Maroon population as to where the stronger Maroons' allegiance lay during the siege. It has been said that the Maroons ultimately made a decision to support the British in quelling the uprising on the premise that they wanted to stay loyal to the original treaties between the government and the early Maroon population. John Stuart Mill's social influence on the Jamaican government system was profound because he headed the now defunct Jamaica Committee, which helped create a necessary process of intervention on the behalf of the governed and oppressed that would put into question and challenge the necessity of excessive punitive actions against opposition; ultimately, this helped foster the growing sentiment of freedom of speech.


Politics


Political developments

Sir
John Peter Grant Sir John Peter Grant, GCMG, KCB, (28 November 1807 – 6 January 1893), was a British colonial administrator who served as Lieutenant-Governor of Bengal (1859–1862) and as Governor of Jamaica. Life John Peter Grant was born in London on 28 ...
and Sir
Henry Wylie Norman Field Marshal Sir Henry Wylie Norman, (2 December 1826 – 26 October 1904) was a senior Indian Army officer and colonial administrator. He served in the Second Anglo-Sikh War, the campaign against the Kohat Pass Afridis, the suppression of the ...
had important roles in reshaping the government structure in Jamaica. Their roles in restructuring and reforming the British government system helped modernize Jamaica and pave the way for a new independent party system. In the 1930s, with the activism of labor organizers and unions, the labor movement started and Jamaica gained a greater degree of political control. This saw the development of a duopoly which was composed of two labor organized parties: the
People's National Party The People's National Party (PNP) is a social-democratic political party in Jamaica, founded in 1938 by independence campaigner Osmond Theodore Fairclough. It holds 14 of the 63 seats in the House of Representatives, as 96 of the 227 local go ...
; led by
Norman Manley Norman Washington Manley (4 July 1893 – 2 September 1969) was a Jamaican statesman who served as the first and only Premier of Jamaica. A Rhodes Scholar, Manley became one of Jamaica's leading lawyers in the 1920s. Manley was an advocate ...
in 1938, and the Jamaica Labour Party; led by Alexander Bustamante in 1943. In the mid-1940s, the JLP and Bustamante held the majority in Jamaica's limited-autonomy government under the authority of the Colonial office in London and the governor for a decade. Then in 1955 the PNP and Manley gained back the majority. In 1961, Jamaicans favored the stand-alone sovereignty government status proposed by Alexander Bustamante and the JLP to the Federation status proposed by Norman Manley and the PNP.


Independence from the U.K

In 1962, Jamaica was now independent while remaining in the British Commonwealth.
Alexander Bustamante Sir William Alexander Clarke Bustamante (born William Alexander Clarke; 24 February 1884 – 6 August 1977) was a Jamaican politician and labour leader, who, in 1962, became the first prime minister of Jamaica. Early life and education He was ...
was named the country's first Prime Minister. The 1970s saw a rise in crime because of the polarization between the two major parties. Police corruption was on the rise and the political climate was in disarray. In 1972, the PNP regained power with Michael Manley as the Prime Minister. After his election, Jamaica was on a quest to promote and cultivate a more just and equal society. The year of 1976 saw important passages of acts that helped to put more emphasis on promoting human rights. The Status of Children Act of 1976 and the amendment to provide Jamaican women with equal rights to men were watershed moments in the history of human rights in Jamaica.


Major events


Controversial legislation

In 1974 the Gun Court Act and the Suppression of Crime Acts were passed under the watch of Prime Minister Michael Manley. Oppressive Immigration policies of the United States towards foreign nationals contributed to the increase in illegal syndicalism in Jamaica.


Police violence

The Montego Bay “Street People” scandal was a conspired attempt by the St James Parish Council truck and law enforcement to secretly transport groups of Homeless people in Montego Bay to a St Elizabeth parish to be dumped near a mud lake. Killings of civilians by police in Jamaica remain an important topic in the discussion of human rights. Since the year 2000, out of an estimated 3000 police-related fatalities, only two police officers have been convicted of murder.The Associated, Press. "Report: Jamaica Fosters Culture Of Fear With Police Impunity." AP English Worldstream - English (2016): Newswires. Web. 23 Nov. 2016. This statistic is not plausible considering the lack of proper procedure carried out during investigation. As reported by Amnesty International, the government of Jamaica continues to foster a “culture of fear” with the impunity that is afforded law enforcement. On March 14, 2001, a shooting where 60 police officers converged on a house on the peripheries of Kingston, Jamaica gained media attention after the officers shot and killed seven young men at the home."Jamaica 2015 Country Review." Jamaica Country Review (2015): 1. Publisher Provided Full Text Searching File. Web. 10 Nov. 2016.


LGBT rights

Sodomy and/or buggery in Jamaica is a crime that can lead to prison time at hard labour for up to 10 years, however the law is oftentimes not enforced. Sexual behaviour between women is legal. Amnesty International, however, has received reports of violence against lesbians, including rape and other forms of sexual violence. Lesbians reportedly have been attacked on the grounds of "mannish" physical appearance or other visible "signs" of sexuality. Some reports of abduction and rape come from inner-city communities, where local non-governmental organisations have expressed concerns about high incidences of violence against women. Jamaica has been described by some human rights groups as the most homophobic country in the world because of the high level of violent crime directed at LGBT people. The United States Department of State said that in 2012, "homophobia was widespread in the country".''2012 Country Reports on Human Rights Practices: Jamaica'', Bureau of Democracy, Human Rights and Labor, U.S. Department of State, pages 20-22
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References

{{reflist Government of Jamaica