The Inter-American Commission on Human Rights (IACHR) ruled yesterday that Jamaica’s colonial-era ban on same-sex relations, known as the “anti-buggery” law, is incompatible with the American Convention on Human Rights. The Commission recommended that the law be repealed, and instructed the country to pay reparations to the plaintiffs in the case.

Same-sex relations have been criminalized in Jamaica since colonial times under the Offences Against the Person Act, which prescribes a prison or hard labor sentence of up to 10 years. While the law has rarely been enforced in recent years, its continued existence has perpetuated pervasively negative societal attitudes and demonized LGBTIQ people.

Jessica Stern, Executive Director of OutRight Action International, comments:

“I am thrilled that the IACHR has reaffirmed that criminalization of same-sex relations is wholly incompatible with basic human rights standards. I urge Jamaican authorities to comply with and ensure full implementation of the commission’s recommendations, so that they translate into real change for LGBTIQ people.”

The Inter-American Commission on Human Rights is a principal and autonomous organ of the Organization of American States which aims to promote and protect human rights in the American hemisphere. The decision adopted by the Commission remains confidential for the time being, giving Jamaica time to implement its recommendations. While the decision is specific to Jamaica, the body is a regional one and therefore could have implications across the Caribbean region.

Neish McLean, Caribbean Program Officer at OutRight Action International, comments:

“The decision of the Inter-American Commission on Human Rights will be felt beyond the borders of Jamaica. Over half the countries in the Caribbean region continue to criminalize same-sex relations. The subsequent actions of Jamaican authorities, and the Inter-American Commission on Human Rights, could have a significant ripple effect for decriminalization of same-sex relations across the Caribbean, setting a precedent which would be difficult to ignore.”

Challenges to laws criminalizing same-sex relations are also pending in Dominica, St Vincent and the Grenadines, and at the Inter-American Commission on Human Rights concerning the law banning same-sex relations in Barbados.

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OutRight Action International works at a global, regional and national level to eradicate the persecution, inequality, and violence lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) people face around the world. From its offices in 7 countries and headquarters in New York, OutRight builds capacity of LGBTIQ movements, documents human rights violations, advocates for inclusion and equality, and holds leaders accountable for protecting the rights of LGBTIQ people everywhere. OutRight has recognized consultative status at the United Nations.