The Politics of Abortion in Modern Day Jamaica Essay

Introduction

Modern Jamaica is a prospering Caribbean island nation known for its beautiful environment, tourism destinations, and a diverse culture. Coming from a challenging history as a slave colony, Jamaica has made significant progress to define its identity in the region. However, despite a common perspective of the country being highly liberal and accepting, in some respects its society remains conservative and embedded in ideology of its colonial past.

In the first part of the dissertation, the influence of the Offences Against the Person Act (OAPA) of 1861 was discussed on abortion practices and laws around the world, including Jamaica. Currently, Jamaica maintains one of the most unique positions, with abortion being illegal officially, but still performed as part of the status quo in particular situations. The discussion around abortion in Jamaica is inherently complex, stemming from colonial influences on modern sociopolitical and religious perspectives. This paper will aim to examine the historical development and modern ideologies on both sides of the debate in Jamaica and provide an in-depth discussion regarding sociopolitical context for current and future aspects of the abortion access status quo and policy.

Brief Background

As explored previously, the OAPA was a law written and passed in the UK parliament in 1861. As Great Britain was a colonial power at the time, its legislative framework was taken as the foundation for legislation in multiple colonies around the world, one of which was Jamaica which adopted the OAPA to its full extent in 1864. OAPA was a very broad law encompassing many physical interactions between individuals, and while it outlawed obvious crimes of assault and murder, many sexual and reproductive rights were banned as well including sodomy and abortion. The use of legislative frameworks was complex aimed at establishing greater colonial control and manipulation of reproductive rights for racial purposes. Ever since the adoption of OAPA, Jamaica’s law on the matter of abortion has remained unchanged even after its independence in 1962.

Currently abortions are officially illegal and can be persecuted to the full extent of the law. resulting in significant prison time for patients, physicians, or other parties that are enabling the abortion procedure. However, the status quo in Jamaica is that abortions are performed unofficially for large sums of money in clinics that are willing to risk the procedure. As established in the first part of the dissertation, there is an ongoing discussion in Jamaica regarding the status of the OAPA law and abortion rights.

Due to the status quo of abortion access in the country, it is leading to extensive harm to the population as abortions are performed by unqualified personnel or in unsanitary conditions, with multiple cases garnering public attention. Although increasing abortion access has generally more support, the country is still relatively split between the ideologies of liberalization and conservatism, driven by Protestant church has a strong influence on the country and its leadership and remain a vocal opposition to abortion rights. It is necessary to explore the various stakeholders and social influences that are playing a role in the national debate and to what extent is the sociopolitical context able to change historically and in the future.

Independence and Post-independence Events

The independence movement in Jamaica began in the 1920s as both professional classes and individuals of the mixed African and European ancestry sought to advocate for a representative government. Furthermore, black nationalism and Pan-Africanism was gaining tracking among the African diaspora, sharpened by the economic difficulties of the Great Depression. By 1938, Jamaica established the first labor unions, which were linked to political parties and a demand for self-determination.

In 1944, the Constitution was updated to establish a House of Representatives, resulting in universal adult suffrage. Eventually, a two-party system emerged, and a modification of the constitution in 1953 resulted into creation of a cabinet under a premier. By 1958, two distinct were in power, the People’s National Party (PNP) under the leadership of Norman Manley who won the elections of 1959; and the Jamaica Labour Party (JLP) led by Sir Alexander Bustamante. Despite Manley being the premier, Bustamante pushed for Jamaican independence, and under a referendum in 1961 to uphold the secession, and general elections in April 1962, Bustamante became premier.

On August 6, 1962, Jamaica became an independent state with full dominion status in the Commonwealth, under the constitution which retained the British monarch as head of state. Jamaica quickly joined international organizations such as the IMF and OAS and became a strong trading partner with the United States. In the first decade, the JLP maintained power, initiating reforms for education, cultural heritage promotion, and infrastructure development. The island nation sought to establish its identity and independence in the post-colonial period.

Political Parties, History, and Positions on Abortion

Since its independence in 1962, Jamaica has largely maintained a two-party system between the Jamaica Labour Party (JLP) and the People’s National Party (PNP). While the system is not set in the constitution, over 46 minority political parties that have been formed since have been unsuccessful in achieving any meaningful foothold in parliament and eventually disintegrate. Over the almost 50 years of parliamentary proceedings, outside of the unique outlier of the 1983 general elections, the power between both parties is relatively balanced, with neither getting more than 60% of the vote and respective assembly seats. As of the 2020 elections, the Jamaica Labour Party holds power with 57% of the vote and 49 seats under the second-term Prime Minister Andrew Holness while the PNP is in the minority as the opposition party.

The JLP was founded by Alexander Bustamante in 1943, as the political entity of his industrial trade union. It was a minority party until Jamaica’s independence referendum and general elections at which point it won the majority of seats in 1962. Despite common misconception from its name, the JLP is not a social democratic party, but positions itself as a conservative political entity. The JLP supports a market-driven economy and individual responsibility. In the 21st century, the JLP maintains its conservative position on a number of social issues based on the support of Christian values. JLP officials have openly expressed homophobia and hate speech towards non-traditional lifestyles. There is no official position or statement from the party on the issue of abortion.

The PNP was founded in 1938 by Osmond Theodore Fairclough, also a strong campaigner for Jamaican independence similar to his political rival Bustamante. The PNP positions itself is a social-democratic party, maintaining standard views of this political philosophy based in socialism, economic democracy, social justice, and equality. It is arguably the “people’s party” supporting on social welfare, income redistribution, regulation of the market economy, and supporting popular social reform demanded by the population. Similar to the JLP, the PNP has no official stance on abortion and remains “in discussions” about the party’s position.

In theory, the JLP is positioned to be as a pro-life party in the abortion debate, while the PNP is meant to be pro-choice. However, interestingly, neither party, including the Prime Minister’s office of the ruling JLP, have issued a statement on the issue. Ironically, the primary politician leading the charge to reform OAPA and decriminalize abortion is PM Juliet Cuthbert-Flynn is from the JLP, supported by a large number of women that have gained seats in recent elections. Examining the party politics of the issue, it is clear that parties are attempting to avoid a full out ‘civil war’ by making definitive statements which would cause major realignment on the political spectrum and shifting of MPs between these parties. The unofficial position of the PNP is that the issue should be decided by parliamentarians in conscience vote, while the JLP believes that a grand referendum is necessary.

History, Role, and Position of the Church in Jamaica

Jamaica has a diverse religious diaspora, supported by the constitutional right for freedom of worship. While in the early days of Jamaican colonial history, Roman Catholicism was the first established religion, once Jamaica became a British colony, Protestantism was introduced in 1664. Protestantism with its various denominations is the primary religion in modern-day Jamaica, encompassing approximately 60% of the population. The three leading denominations are the Church of God (21.2%), Seventh-day Advenist (9%), and Baptist (8.8%). The Protestant church has deeply tied roots to Jamaican culture, not only from its colonial past, but also an association with the black nationalism movement which allowed for the country to obtain its independence. The Protestant church sought to improve the lives of black populations who suffered from the colonial rule, and in modern-day plays a key role in providing community services and support.

Christianity is deeply embedded into Jamaican life and culture frame. There are extensive religious institutions present, both in urban and rural environments, often exceeding those of private or public facilities. Ordinary people and political or media personalities often cite biblical aphorisms, while businesses and organizations hold prayers. Many aspects of culture such as literature, theater, film, and artisanship have been influenced by religious concepts and remain pertinent in society.

It is important to emphasize the role of the Church in Jamaica, which encompasses a larger community than that of political activism or unions combined. Since political culture is dictated by changes in social structure and cultural beliefs, the Church effectively has a strong influence over politics in the country. There is a dominance of religio-conceptual tradition in political history which has deep impacts through the provision of conservative theory, leadership, and organization in opposition to the liberationist tradition.

As expected, the Protestant Church in Jamaica generally opposes abortion driven by its dogma and widely accepted Christian beliefs that life begins at conception. While there may be some differences in opinion in regard to termination of pregnancy, ranging from being prohibited completely (unless direct danger to mother’s life) to some permittance in cases of rape, incest, or severe fetus abnormality. However, the general consensus among Protestants is that abortion should not be utilized as means of contraception or an option for an unwanted pregnancy.

As discussed in later sections, this reflects the attitudes of the majority religious population which opposes ‘on-demand’ abortion services even if the practice is decriminalized. Religious leaders in Jamaica from both Protestant and Catholic denominations have pushed vocal opposition to legalizing abortion in the country, citing that it “would be the beginning of the death culture” – a highly emotional and hyperbolic response often seen in religion’s response to sensitive issues of morality.

Spheres of Influence Affecting Abortion Access

While the de jure influence of OAPA has been established, continuing to pose significant criminal risk despite the abortion procedure being performed de facto in certain situations, the context remains relatively complex. Prior to discussing the confrontational politics of the issue in the country, it is critical to establish the foundations on the spheres of influence which ultimately severely limit abortion services access for Jamaicans.

Legal

The primary legal sphere of influence is OAPA 1864 which remains as the sole Jamaican law or even government guideline on abortion, being unchanged despite multiple amendments to the national constitution. Under OAPA, the woman procuring an abortion can face life imprisonment, while those helping and advising her on this path, or performing the procedure itself, including physicians, can face up to 3 years in prison. While these arrests are admittedly rare, at least ones that are publicly known, they are possible, and several public cases have emerged in recent years.

As discussed in the first part of the dissertation, the risk falls strongly on medical professionals, which makes many of them reluctant to aid in abortions, even for significant financial compensation as it could cost them their wellbeing if law enforcement chooses to prosecute, which it has full authority to do under OAPA and the Jamaican constitution. Therefore, for Jamaicans which already struggle in finding safe environments with appropriate staff to perform abortions are even further disenfranchised by the legal framework.

Religious

As mentioned previously, the Protestant Church and religion in general has a significant influence over life and culture in Jamaica. The church is actively promoting an anti-abortion stance in virtually all circumstances unless there is evident danger to the life of the mother. Religious leaders, both locally and nationally are conducting influence campaigns that strengthen the pro-life position and guide the faithful towards this mindset.

While younger generations may not be as influenced by the Church, it sets expected values for society which strongly opposes abortion. Those that seek abortion, even in dire circumstances, are extremely stigmatized and shamed in their communities. Therefore, religion plays a role as a sphere of influence by driving the beliefs surrounding abortion, either by forcing women to not seek it because they believe it is a sin or because of stigmatization that they would face from others, as well as driving the general attitudes of voters towards reform of the OAPA law.

Socioeconomic

There is a tremendous socioeconomic influence in abortion access. Due to the high risks posed by the legal framework in Jamaica, those clinicians which choose to perform abortions can charge significant amounts of money. It has been established in the first part of the dissertation that abortion access is inequitable due to the socioeconomic factors of the majority of the working-class population both lacking the finances for it as well as not having the connections necessary to secure a safe environment to perform it. Abortions can cost anywhere from $300 to potentially thousands of dollars in Jamaica depending on the circumstance, while the average weekly salary is approximately $40. Considering that those seeking abortions are primary from lower socioeconomic classes due to lack of access to contraception or elements of rape.

Development of Abortion Politics in Jamaica

Abortion is a centuries-old practice of terminating pregnancy. Jamaica for the majority of the 17^th and 18^th centuries remained a slave colony, where African slaves were worked on sugar plantations. After the end of the British Atlantic slave trade in 1807, slave women were vital for the future of plantation slavery across the British Caribbean, including Jamaica. However, slaves in the Caribbean were experiencing significantly lesser fertility rates than their North American counterparts which was highly concerning for white slave owners.

Between 1807 and 1834, the slave population decreased by 12%. While there may have been biological challenges to reproduction and cultural practices, one influential aspect was the practices of abortion and infanticide by female slaves. African women were known to use a combination of herbs and infusions for contraceptive purposes, while plants such as okra and aloe that were imported to the Caribbean were abortifacients. The white plantation owners condemned the slave women for the frequent instances of self-abortion that were ongoing. Doctors at the time suggested that abortions were common by young females finding themselves pregnant, attempting to procure it by every means available. They drew a connection between infertility and dropping slave population rates and these common abortion practices.

The first part of the dissertation discussed briefly how abortion was utilized by female slaves as a method of resistance against slavery and attempting to have control over their bodies. The women would thus assert control over reproductive capacity as well as prevent their offspring to be bound to the horrific conditions of perpetual slavery. Then came the OAPA of 1861, passed in 1864.

Also, as discussed previously, it was a legal framework which sought to restrict bodily autonomy and criminalize the actions that were counter to the socioeconomic goals of the global system of slavery at the time. It was a system of control and regulation that resulted in further cultural transformation under colonialism and established the colonial relations of power that centered around production and reproduction. It is already at this time that the discourse of politics surrounding abortion was gaining traction. As evident, it was a widespread issue in the Caribbean colonies. However, due to lack of medical expertise and technology at the time, these discussions of self-abortion among slave women were purely speculative, even with the passage of OAPA. It was difficult to determine whether a baby was stillborn, premature, or aborted, and Jamaican courts saw infanticide and abortion as the most difficult to prove than any other offence.

Upon independence in 1962, Jamaica maintained the OAPA in place as common law which makes it a felony to procure an abortion or provide abortion services and drugs to conduct the abortion procedure. Section 13(12) (c) of the Constitution of Jamaica seeks to protect and prioritize the life of the unborn. However, OAPA does not indicate circumstances under which abortion is unlawful, so typically the precedent is set by the R v. Bourne 1938 case which allows abortions in cases to preserve life and physical health of the mother.

In 1975, Health Minister Kenneth McNeil publicly proposed legislation to establish guidelines for legal and safe abortions, but no progress was made. Despite other Caribbean and Latin American Nations decriminalizing and liberalizing abortion to some extent through the 20^th century, Jamaica has not sought to modify its colonial-based law. The reason to this is unclear, as the racial undertones of the original law are no longer relevant. There is little evidence that abortion was a topic of public or political discourse at all prior to the early 2000s in Jamaica.

In the mid-2000s, the abortion debate began to gain traction in the public discourse in Jamaica. This occurred due to a high-profile case of a 14-year-old girl being admitted and dying from severe complications after a botched abortion. Minister Hanna of the PNP made a political pronouncement condemning the abortion law, suggesting that the beliefs of the conservative religious right both ignored the rights of women as well as prevailed the rights of the fetus over that of the mother even in cases of rape, incest, or severe defect.

In 2007, an Abortion Review Advisory Group submitted a report the Minister of Health, Daley which recommended the repeal of the criminal legislation and issuing guidelines for lawful termination of pregnancies according to modern standards of safety, trained personnel, and safe specified health centers. The recommendations never saw implementation, and the next administration simply established a joint select committee to further explore the issue.

The national sociopolitical discussion on the issue of abortion highlighted that common ‘de facto’ law where abortions could be carried inherently perpetuated a cycle of inequality since only the rich were able to afford the few safe locations of performing abortions (essentially paying for the risk), while unplanned pregnancies for the poor in inner-city communities condemned families to a lifetime of poverty. The Joint Select Committee was hearing arguments from both sides in the early 2010s, but anecdotal evidence suggests that many women in the population were frustrated that the abortion issue was framed in the context of morality and fetus rights, without any consideration for reasons or well-being of the women.

A women’s rights organization issued a statement at the time, “To continue to criminalize abortion puts women’s lives at risk and suggests that the right of the foetus outweighs the right of women to have control over their own body and life.” Meanwhile, the pro-life religious groups such as Missionaries of the Poor and Slice of Reality portrayed the women seeking abortions as mentally ill. These groups also challenged politicians supporting abortion as being barbaric and evil, in their efforts to secure financial gain from the US and EU which required abortion rights as a requirement to receive funding for development and health programs such as HIV/AIDS prevention.

Notably, the latest major amendment to the Jamaican constitution in 2011 as part of the Charter of Fundamental Rights and Freedoms Act, 2011, meant to incorporate the UN Universal Declaration of Human Rights into Jamaican law, left the abortion issue untouched. In fact, the amendment indicated that in regard to offences regarding sexuality and the life of the unborn should be subject to the previously existing law, which is OAPA. Public opinion was disregarded, and the law that was meant to provide more human rights essentially ignored some of the most critical rights in the context of abortion and reproductive rights, likely due to the strong influence of the church on the government.

The discussion of abortion continued to arise periodically through the 2010s, with some progress of acceptance and widespread political discourse led by certain ministers as mentioned in the first part of the dissertation and this paper as well. However, as of 2021, two major occurrences pushed the debate to a new level politically and invigorated supporters of decriminalization of abortion. The first, was a comprehensive study published by the Caribbean Policy Research Institute (CAPRI) which sought to highlight the social costs of abortion bans in Jamaica. The reported noted that at least 22,000 (most likely thousands more that are unregistered) illegal abortions are conducted annually.

As a result, US$1.4 million of taxpayer money is spent annually to fund a struggling healthcare system to deal with the complications of unsafe abortions across the island. The sum is both extremely substantial for a poor developing nation, and it would take much less to provide a basic education and abortion infrastructure in the country and avoid these sunk costs on a yearly basis; money that could be diverted to better support of the healthcare system. The report notes that no official figures on abortion, but they affect between 10 and 37 percent of all national pregnancies annually, and the majority of the abortion procedures are clandestine. The recommendation by the report is to initiate an anonymous conscience vote in the Jamaican parliament to repeal sections 72 and 73 of OAPA, as well as to provide publicly funded reproductive health services and termination of pregnancy services, including with access to minors.

Furthermore, another event which changed the discourse around abortion in the Caribbean is a recent December 2020 landmark vote in Argentina which complexly legalized abortions up to 14 weeks of pregnancy. Argentina is a Latin American country, which similarly maintained stringent abortion laws (although not based on OAPA) and has a very strong religious influence of the Catholic church on culture and politics.

Advocates in the country focused on public health consequences and impact on women in poverty similar to the strategy of supporters in Jamaica, and while a similar law failed in 2018, two years later it was a success. Experts believe the Argentinian example could have a ripple effect on the Latin American and Caribbean region since like Jamaica, abortion was believed to be a politically untouched issue in Argentina for decades. Meanwhile, journalistic accounts indicate that the Catholic Church was lobbying hard to influence any undecided senators, parallel to the Protestant Church in Jamaica.

MP Cuthbert Flynn that is at the forefront of the legal efforts to decriminalize abortion in a bipartisan coalition, indicated these events as highly important. She has noted that the CAPRI report and hopefully other studies in the future allow for more Jamaicans to have an open mind on the issue and support the effort. Meanwhile, the Argentinian example is a stimulating force for the grassroots advocacy movement indicating that despite decades long failure, the legalization of abortion is possible, even in the context of highly conservative governments.

Nevertheless, religious leaders continue to use inflammatory language, calling upon Prime Minister Holness to silence MPs like Cuthbert Flynn and attempt to guilt government officials and regular people by indicating that by supporting abortion, they lose their moral authority. The Protestant Church continues to pressure the government to eliminate the abortion discussion from its agenda completely, focusing instead on creating a committee comprised of church representatives and civil groups that could assist pregnant women through adoption and foster care.

Therefore, in conclusion, the politics surrounding abortion are currently highly complex, tense, and inflammatory, but demonstrating slow but gradual progress towards meaningful reform. The status quo will not change until there is significant enough sociopolitical pressure for the political parties and leadership to take official stances and a conscience vote to go through in the parliament. Socially, the reforms would be largely accepted and welcomed, but without the appropriate legal frameworks shifting the de jure force of the OAPA colonial legislation could theoretically remain in place for many more decades to come.

Changing Attitudes and Opportunities for the Future

Opinions and attitudes towards abortion are notably shifting in Jamaica along with other cultural changes such as gender representation in politics. As of 2021, a record 29% of parliamentary seats are taken by women. Led by PM Juliet Cuthbert Flynn, there is a growing opposition to the current abortion law and support for reform, including from a number of male lawmakers such as Morais Guy who is a health spokesman. Health Minister Christopher Tufton has noted support for a conscience vote in parliament. Notably, the movement in support of abortion rights on the island has grown from grassroots activism towards mainstream discussion. The very fact of recognition of this discussion at the highest levels of government suggests changing tides.

However, there is a continuing strong opposition, as religious leaders of the Protestant community are pushing back against reform. A Christian youth group, Love March Movement has gathered over 13,000 signatures rejecting a conscience vote on abortion. Nevertheless, 67% of men and 82% of women support decriminalizing abortion according to a 2018 survey. Meanwhile, in recent months, a local website focused on people sharing their abortion experiences anonymously went viral in Jamaica. Hundreds of women presenting anecdotal evidence regarding the detriment that the law ultimately brings has made the conversation even more public catching the attention of local and international news.

Even though the stories are shared anonymously, it represents a much wider trend of people being more open about their abortion experiences in Jamaica, and using this to advocate for appropriate legislation. Notably, the lawmaker Cuthbert Flynn, who is leading the charge, has had an abortion at the age of 19 due to a brain tumor that would have had made her blind if she did not proceed with the procedure. Similar emotional stories were shared by brave women in front of the Parliament’s Human Resources and Social Development Committee during the 2019 hearings, which ultimately triggered the discussion around the need for a conscience vote in Parliament.

Although, it may be decades before a complete liberalization of abortion would be possible in Jamaica, the first steps would be to decriminalize it through amending of OAPA, with bills ready for vote in parliament. Even with widespread support, the public remains deeply religious, and approximately 70% oppose abortion on demand. It is likely that upon success of a conscience vote in parliament, Jamaica would modify OAPA as to make abortion legal in cases of rape, incest, and health issues with the mother or child, to preserve the physical and mental health of the woman as currently practiced in a number of Caribbean and Latin America nations.

While countries such as Barbados, Belize, and St. Vincent and Grenadines allow for socioeconomic reasons to abort, while Cuba and Puerto Rico have no restriction at all, it is unlikely that would be the immediate trajectory in Jamaica. Due to the continued influence of the church on politics, it is likely that lawmakers from both parties realize the realities of the status quo. In other words, it may be necessary to compromise initially through small progress of decriminalization and a slight expansion of parameters where abortion is permitted.

Therefore, when examining the future of the abortion issue in Jamaica, it is difficult to predict what will occur. As evident, this is not the first time that there has been a push to repeal OAPA and decriminalize abortion. However, the liberal influence in the modern world, the technology which allows women to connect and garner support, and the changing public perspectives are gradually pushing the country towards this meaningful social reform. There are numerous opportunities to support and promote this change. From a developmental governing perspective, as part of the UN’s Vision 2030 Sustainable Development Plan for Jamaica, abortion rights are a key health and social equality indicator that should be addressed.

There is also a prominent opportunity to educate the public, particularly taking into account the various spheres of influence discussed earlier. Anti-abortion stigma and strong opinions are often based in ideology, not fact. In developing countries, there is typically underwhelming education, particularly when it comes to sensitive issues, leading to myths about abortion to flourish. International organizations and experts emphasize that to ensure access to safe abortion that is free from stigma and discrimination, factual information about reproductive health and laws surrounding it has to be provided, and a safe space for discussion created in the local political discourse.

Conclusion

The limitations of this research are that it is based solely on secondary research and reports, with no primary investigation being conducted. Another issue is that the author is forced to speculate on a number of concepts based on available information. Due to extremely limited literature on the topic, many of the aspects that could potentially warrant further or deeper discussion were not explored due to lack of information. This presents opportunities for further research, particularly expanding scholarly discourse on the society, culture, and policy in Jamaica regarding abortion. In the process of research, there was some academic discourse on aspects such as LGBTQ rights in the Caribbean, which are also associated with OAPA restrictions. However, in the context of abortion, the literature is lacking outside of several medical and historical analysis articles, potentially because there has been so little progress both politically and culturally in Jamaica in relation to this subject.

This paper concludes the two-part dissertation focused on the state of abortion rights and legislation in the Caribbean island nation of Jamaica. The second part presented here focuses on the history of Jamaica and the development of the politics surrounding abortion rights in the post-colonial and modern-day period after the country has gained its independence and was no longer influenced by the colonial framework of OAPA discussed in the first part. It is evident that the issue is inherently complex, placed in the center of multiple spheres of influence including legal frameworks of the past, religious ideology, socioeconomic divides, and political dynamics.

Despite the various factors, the status quo in Jamaica has largely remained the same for decades, with abortion being illegal but practiced unofficially by those with either the money or willingness to take the risk. Nevertheless, modern-day politics of recent years have strongly pushed towards decriminalization of abortion and appropriate legal and social reforms to prevent the multiple adverse events affecting women in the population due to the inability to access abortion services legally and safely. There are key opportunities for change at this time as the political and social dynamics are shifting away from highly conservative influences of past frameworks and religious beliefs towards a greater acceptance of this vital reproductive right.

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