The long road to claiming rights for LGBT Jamaicans
Dear Editor,
Over the past decade the visibility of the LGBT community has increased.
With the proliferation of chosen families and the work of human rights advocacy organisations, like TransWave Jamaica and Equality for All Foundation (EFAF), it is safe to say that we have come a far way; however, there is still much more that needs to be done to champion the change we so desire.
Contextually, of all marginalised groups, transgender people have been known to be one of the most disproportionately affected due to the sheer influence of discrimination and transphobia perpetuated in our society and meted out by the transphobic/homophobic tradition in which our culture is embedded.
Outside of the USA, very little data exist about the trans community, particularly within the Caribbean, with Jamaica being no different. To date, transgender Jamaicans are not legally recognised and are not included in any national polls or surveys. The lone exception is the extremely few research and statistics that have been produced, in part, by civil society organisations, although it must be highlighted that these have mostly concentrated on HIV and health, with less attention paid to the community’s more extensive needs. While there is no worldwide data on the trans community, several countries have made great efforts to ensure that their trans citizens feel comfortable and are recognised in law and policy as the gender with which they identify.
Through protective laws and inclusive public policy, countries like Argentina, Denmark, and Malta have taken action to guarantee the equal rights and freedoms of all people regardless of gender identity or sexual orientation.
Queer relationships upend the gender order in hegemonic heterosexist societies like Jamaica, where opposite-sex relations and attraction are accepted as the standard and modality by which laws and policies governing sexual and reproductive health are created. This, in turn, impacts how urgently we treat and devote national attention to the specific and unique health and social needs of and disparities within the LGBT community. Trans people face high levels of physical violence, whether they are everyday people walking on the streets or sex workers. Additionally, the murders of trans people, particularly trans women of colour happen often, with little response from the State.
We can do better. Jamaica has had a long-standing history of systemic homophobia and transphobia, which, inherently, has a ripple effect on the negative general attitudes of society towards LGBT people. One of the most difficult impediments to the social inclusion of transgender and gender nonconforming people, according to the United Nations Development Programme (UNDP), is the absence of legal gender recognition. Daily life for trans individuals is impacted by the fact that Jamaican law does not recognise gender. The ability of trans people to have their gender identities legally acknowledged through modifications to their birth certificates and other forms of identification is not permitted by any legislation or policy framework. Hence, simple processes, such as opening a bank account, requesting financial aid, applying for a job, or renting or purchasing real estate, become extremely difficult when personal documents do not match the holder’s look.
The time has come for the rights of trans and LGB people be fully protected and acknowledged like any ordinary citizen. If not now, when?
Lamar Grant
Policy and advocacy coordinator
TransWave Jamaica
lamar@transwaveja.org