Workers strike at Jamaican major public agencies; protests to denounce human rights issues

Introduction

This report provides a comprehensive overview of key events unfolding in Jamaica between October and December 2023. It sheds light on critical themes such as worker protests at major public agencies to a demonstration addressing international concerns.

Peaceful Assembly

Labour strikes at Petrojam and NWC

On 10th and 11th October, worker protests involving six trade unions affected two major public agencies in Jamaica–the Petrojam Oil Refinery and the National Water Commission (NWC). According to Jamaican online news media Loop News, more than 250 workers from Petrojam staged a sick-out in protest at the pace of negotiations surrounding a restructuring exercise.

The Ministry of Labour and Social Security (MLSS) reported that the issues leading to work stoppages at both agencies were being addressed, and normality was expected to return. Technical service workers at Petrojam staged a sick-out over wage negotiations. The NWC also faced disquiet, with rumors of a sick-out, but the minister denied 70 per cent employee support for the action.

Supporters of Glenville Hall protest Campbell’s candidacy

On 2nd October, more than 20 supporters of Glenville Hall—the PNP’s sixth vice chairman—protested the People’s National Party’s (PNP) decision to favour Dayton Campbell—General Secretary of the PNP—to contest the seat in the next general election. The PNP said that other applicants did not meet the selection criteria. Leroy Mullings, a protester, highlighted Campbell's prior election loss in St Ann, questioning his positioning in Westmoreland Eastern constituency. Kerron Hylton, another protester, expressed preference for Glenville Hall and urged Campbell to return to St Ann.

March for Palestine

On 4th November, dozens of Jamaicans in Downtown Kingston staged a demonstration called the “March for Palestine” in response to the outbreak of the Israel-Palestine conflict in October 2023. The protesters made four demands of the government: “They want Jamaica’s leaders to publicly disclose any state deals made with Israel; officially condemn Israel’s actions; cut diplomatic ties with Israel; and recognise the state of Palestine.”

The march was organised by the Left Alliance for National Democracy and Socialism (LANDS). “A lot of Jamaicans are aware of what’s going on. But, whereas in the US there are evangelistic Christians who stand united, in Jamaica they are divided,” declared Christophe Simpson, LANDS chairman and secretary.

Residents protest alleged unlawful police action following fatal shooting

On 27th November, during a joint police and military operation in Mountain View, a man on the police wanted list was reportedly shot and killed. Residents then staged a protest and accused the police of unlawfully killing the suspect. The incident prompted a public advisory from the police high command urging people to avoid the Mountain View area due to the shooting incident.

Hanover Residents Protest for Basic Infrastructure

On 6th November, residents of Hanover—the second smallest parish in the country—staged a protest by obstructing parts of the route connecting Shettlewood to Mackfield in Westmoreland. This protest was in an attempt to urge the government to address the inadequate roads and inconsistent water supply in their localities.

Farmers protest over land issues

On 20th November, a group of small farmers from Hartlands in St. Catherine—southeast of Jamaica—protested outside Sugar Company of Jamaica (SCJ) Holdings in Old Harbour Road due to a dispute over land. The farmers, who currently cultivate around 120 acres earmarked for a new state-of-the-art prison, claimed they were promised five acres of land for crop rotation but are now only being offered two and a half acres. The farmers, who had multiple crops ready for harvesting, argued that this limited space will prevent them from rotating their crops and maintaining soil fertility. They are urging the authorities to intervene in the dispute.

Other developments

Jamaican Supreme Court upholds the criminalisation of consensual same-sex sexual acts

In response to a lawsuit challenging Jamaica’s anti-sodomy law by human rights activist Maurice Tomlinson, on 27th October 2023, the Jamaican Supreme Court upheld the country's Offences Against the Person Act (OAPA, 1864), considering it only revocable by Parliament (claim no. 2015HCV05731).

The Supreme Court found that a ‘savings law clause’ in the Jamaican Constitution expressly prohibits courts from reviewing Sections 76, 77 and 79 of the OAPA that criminalise consensual same-sex intimacy: “the constitutionality of sections 76, 77 and 79 of the Offences Against the Person Act cannot be enquired into in the light of the savings law clause in section 13(12) of the Charter of Fundamental Rights and Freedoms in the Constitution of Jamaica.”

In effect, Jamaica’s current legal framework immunises those sections of the OAPA from any judicial challenge. The law, a colonial-era statute, criminalises consensual gay acts, subjecting offenders to imprisonment and registration as sex offenders. The court’s decision, in the face of global trends, has sparked criticism, with calls for human rights protections. Activists like Maurice Tomlinson have declared that the law has led to abuses against the LGBT community, contributing to HIV prevalence and still being a significant obstacle to inclusivity.

This recent decision was made despite two years having passed since Jamaica was internationally condemned for discriminating based on sexual orientation and gender identity. In particular, homophobic laws remain in force and there is no protection from discrimination for the LGBTQI+ community. In 2021, the Inter-American Commission on Human Rights (IACHR) declared that the Jamaican state was responsible for violating the human rights of two of its nationals within the LGBT community (case Gareth Henry and Simone Carline Edwards v. Jamaica, no. 13.637). The IACHR recommended that the Jamaican state provide full reparation, including economic compensation, to Henry and Edwards. It also called for homophobic laws to be repealed on an immediate basis (sections 76-79 of the Offenses Against the Person Act, 1864).

According to organisations, violence and discrimination against LGBTQI+ is ongoing. Rainbow Railroad, a Canadian NGO, between 2021 and 2023 received 867 requests for assistance from LGBTQI+ individuals in Jamaica seeking asylum abroad. “In a 2023 national LGBT survey, a large majority (73%) of respondents expressed fear of being assaulted, threatened or harassed purely based on their sexual orientation or gender identity and expression”.

Implementation of Jamaica’s Data Protection Act

Jamaica’s Data Protection Act (2020) took effect on 1st December 2023, and aims to enhance safeguards for personal information handling, both in physical and electronic forms.

The legislation requires organisations processing personal data, including public authorities, financial institutions, educational institutions, health service providers, and others, to implement measures ensuring data safety, security and confidentiality. Data controllers must register with the Office of the Information Commissioner (OIC) by 1st December and appoint a Data Protection Officer. Non-compliance may result in penalties, and a six-month grace period has been granted for organisations to register.