Back in June of this year, the US Embassy in Kingston, as it usually does, raised the pride flag in solidarity with LGBTQ+ people across the world. The same was done during Jamaica’s “Emancipendence” week which runs for the first week in August and also happens to be the week that Jamaica celebrates its own Pride. As you would imagine, certain groups across Jamaica took issue with this gesture, citing the 1961 Vienna Convention on Diplomatic Relations as legislative support for their protest of what was clearly a position of solidarity with queer Jamaicans. My essay is in response to a video published on The Gleaner’s[1] website on 6 August 2021
But is the Pride flag even a flag as defined by the Convention?
To have a truly fruitful discussion, we would first need to examine the articles that are referenced every time the US Embassy decides to recognise the dignity and humanity of LGBTQ+ people—Article (3)(e): “Promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations.”
It has become commonplace for religious people to extract parts of documents that align with their particular agenda. A few lines above, Article (3)(b), grants the sending state the right to protect its interests and that of its citizens “… within the limits permitted by international law” INTERNATIONAL LAW. Or does international law not extend the said liberties to queer people as it does to non-queer folk?
LGBTQ+ Americans are Americans, and they also visit Jamaica, whether for business or pleasure. The US has a right to ensure that its queer citizens are protected wherever they go; this of course in nonviolent ways.
At this moment, it may be useful to highlight the use of the present continuous tense ‘promoting’ and ‘developing’ which both describe a process that is continuously happening and not exclusively predetermined agreements.
Article (20) of the same Convention states that “The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport.”
A major misconception that many people have is that the building on Old Hope Road is the Embassy, this is not true, it is actually called a Chancery. The embassy is the group of diplomats commissioned to work for the sending state. Why is this article important? It allows members of the receiving state to recognise the Embassy whether it be mobile or immobile. It is also a good companion article to Article (22)(3) which protects diplomatic couriers in that items being delivered to the Embassy are not subject to search or seizure.
Furthermore, we could loosely consider the pride flag as an emblem of the United States. After all, the country prides itself on being the standard bearer for freedom, and the pride flag is an emblem of love and freedom. But who are we fooling? We are in fact talking about such groups who are still convinced that queerphobia is the fear of people who are queer. The ambiguity of words continues to elude them.
Article (41) is a bit wordier than the others mentioned before. However, a fair assumption would be that the offending part would be subsection 1 which states that “…without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.”
There may be utility in a statement made by the head of an LGBTQ+ organisation here in Jamaica. In an interview, the head reminded the nation that, back in 2018, Jamaica had barred an anti-LGBTQ+ pastor from entering the country’s shores. So, it would be rather disingenuous for anyone to assume that the Government of Jamaica exclusively disregards the dignity and humanity of LGBTQ+ Jamaicans.
Of course, this is with us acknowledging the archaic laws that criminalise anal sex among consenting adults. But LGBTQ+ people are more than who they have sex with or their gender identity. In fact, there are many queer people who are asexual. Can you imagine relegating someone’s sexual orientation and/or gender identity to just them having sex?
We never do this when it comes to cishet people. You would never hear a cishet man profess that his relationship with his wife is predicated on their rumblings between the sheets; or maybe he would.
The truth is, honesty is what has always been missing from this continued conversation. The Love March Movement—and the likes—appear worried about what equality for all would mean in a Jamaica with a ‘Vision for 2030.’
Unfortunately, they have nothing to worry about. Laws do not necessarily change behaviour. Murder is illegal in Jamaica, yet we still have murders. It is illegal to steal, yet we still have thieves.
Try as we might, we cannot legislate away hate. We can, however, create an avenue for those exposed to the most egregious forms of hate to seek redress. This can be
achieved when laws are created that prosecute those who are hateful enough to commit crimes—sometimes violent crimes—against particular groups of people.
If the concern is that the pride flag will inspire Jamaican legislators to do away with the very punitive laws and discriminatory policies that target queer people, there is no need to worry. Adjusting Jamaican laws to be inclusive and progressive may not change individual behaviour. This means that leaders of lobby groups, like The Love March Movement, can still actively discriminate in a legislatively just society which holds non-discrimination as a fundamental principle of human rights.
Reiya is a human, environmental, and youth rights supporter. You can follow her work on her social media IG: @mouthy_reiya and twitter: @mouthy_reiya. If you would like to support her work, you can do so by sending a tip to her PayPal: reiya.lawrence@gmail.com.
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