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Jamaica: Information on treatment of homosexuals and the availability of state protection (update of JAM24284.E of 24 June 1996)

According to the attached excerpt from a publication by Amnesty International, "homosexual acts" are "illegal for men" and punishable by ten years imprisonment (1997, 77, 83) (please see attachment).

According to The Third Pink Book: A Global View of Lesbian and Gay Liberation and Oppression, available at Regional Documentation Centres, homosexual acts between men are punishable in Jamaica by up to ten years in prison with hard labour, and anyone convicted of attempting to commit a homosexual act or "indecent assault" on a man may receive a prison sentence of seven years (1993, 295). Although convictions for homosexual acts or attempted homosexual acts are not common, Jamaican society in general does not tolerate homosexuality, and homosexual men are often arrested for "loitering" (ibid., 295-296).

See also the attached article relating the story of an "accused homosexual" in Jamaica who was arrested on 16 November 1996 for "gross indecency" (31 Jan. 1997). The article discusses social as well as legal issues relating to homosexuality in Jamaica (ibid.).

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see below the list of additional sources consulted in researching this Information Request.

References

Amnesty International. 1997. Breaking the Silence: Human Rights Violations Based on Sexual Orientation. London: Amnesty International United Kingdom.

Caribbean Today. 31 January 1997. Gilbert B. Dunkley. "Accused Homosexual Tells Grim Tale of Abuse." (NEXIS)

The Third Pink Book: A Global View of Lesbian and Gay Liberation and Oppression. 1993. Edited by Karl Kendriks, Rob Tielman, and Evert van der Veem. Buffalo, New York: Prometheus Books.

Attachments

Amnesty International. 1997. Breaking the Silence: Human Rights Violations Based on Sexual Orientation. London: Amnesty International United Kingdom, pp. 77, 83.

Caribbean Today. 31 January 1997. Gilbert B. Dunkley. "Accused Homosexual Tells Grim Tale of Abuse." (NEXIS)

Additional Sources Consulted

Emergency Response Network of the International Gay and Lesbian Human Rights Network (IGLHRC). San Francisco. July/August 1993-January 1997.

International Lesbian and Gay Association (ILGA) Bulletin. Brussels. January/February/March 1995-October/November/December 1996.

Databases and on-line sources: FBIS, Global NewsBank, REFMEDIA, REFWORLD, WNC.

One oral source contacted did not provide information on the requested subject.