Jamaicans fight colonial-era beach law in court

By Hanan Redwan Published on November 27, 2024

Jamaica's Beach Control Act is being legally challenged by local campaigners who want to secure public access to natural sites for those who live in the country

CAMPAIGNERS ARE heading back to court for the final stages to secure the rights for Jamaicans to have access to a river which is popular with tourists.

The ongoing legal dispute stems from the Beach Control Act 1956 – colonial era law which regulates Jamaicans right to access all beaches – according to leading campaign group Jamaica Beach Birth Right Environmental Movement (JABBEM).

Local residents of communities surrounding the Blue Lagoon in Portland and the Portland Environmental Action (PEA) initiated the court case to secure continued access to the Blue Lagoon – a popular swimming lake – where parts of the Tom Cruise’s movie Cocktail were filmed in 1988.

JaBBEM has previously said the law is outdated, “racist” and discriminatory and is stopping Jamaicans from enjoying their own country.

Campaigners returned to Port Antonio Resident Magistrates Court on 25 November, for the court case against the Jamaica National Heritage Trust (JNHT), the Portland Municipal Council (PMC) and special interest beachfront property owners.

JaBBEM said in a statement: “The surrounding communities have taken legal action to regain complete access to the public road, tracks and pathways that lead to the Blue Lagoon and its beach, under the Prescription Act of 1882.

“On August 29, 2022, the Blue Lagoon was closed. Following protest action led by members of the surrounding communities and environmental defenders, on June 15, 2023, the closure was converted to “Access By Permission” between the hours of 9am and 5pm.”

The campaign group say the new arrangements are “confusing” and the public are now being directed to “use a non-customary footpath” over lands belonging to a company.

The statement added: “The parochial road to date remains restricted and is guarded by 24-hour
security personnel. One of the main drivers of this access rights injustice at the Blue Lagoon National
Monument is landlessness; of the approximate 238 acres of land that borders the Blue Lagoon
ecosystem, the Jamaican Government owns none. Currently, even access by sea is restricted.

“JaBBEM and the surrounding communities of the Blue Lagoon are asking the court to recognise the
absolute and indefeasible right of the public to use the Blue Lagoon, adjoining fishing beach, contiguous
and adjacent lands, roads, tracks, waterways, and pathways.

“JaBBEM calls for the full enactment of environmental justice by legislation with overarching
constitutional protection, for all of Jamaica’s beaches to become public and fully accessible by all
Jamaicans. JaBBEM also seeks economic justice to end the disenfranchisement of the rafters and restore
their activity to the popular Blue Lagoon attraction.”

According to a statement on the advocacy groups Instagram page, they claim the rights of ordinary Jamaicans are being violated due to several organisations and agencies attempting to “block usage by local individuals and privatise the tracks, parochial roads and waterways.”

They added: “Unfettered access is required for Jamaicans. The case also supports the continued usage of the fishing beach by local fisherfolks.

“JaBBEM will never give up this fight.”

The group’s president, Dr Devon Taylor, is a Biomedical Research Scientist and an environmental and social justice advocate.

He previously told The Voice, British tourists should boycott hotels and resorts that deny Jamaicans access to beaches across the island.

“I think it is time, that when you vacation in Jamaica you ask your resort ‘can a Jamaican walk over your property to get to the beach?’ and if they say ‘no’ then you say ‘well I can’t stay here.’”

Dr Taylor wants tourists to “take action” and “put their money where their mouth is” and tell hotels and resorts they won’t be booking holidays with them, if Jamaicans are denied access to the beach.

In recent years, the campaign has also been supported by Ziggy, Stephen and Cedella Marley, three children of Reggae music icon Bob Marley.

In March this year, Reggae artist Sizzla Kalonji also demanded locals are given full access to beaches across Jamaica.

At a performance at BRT Weekend, in Jamaica, the Rastafarian singer told the crowd going to the beach is becoming increasingly difficult in Jamaica, especially for those who are of a “Melanin type.”

He said: “Every time we try and build up yah so, something round there sell out and gone.”

“The beaches dem gone,” he said.

In a Reuters article dated 29 May, 2017 it was stated that: “The Act, that remained in place until Jamaica got independence in 1962 did not give the island nation’s 2.7 million people legal right to beach access.”

On the groups petition website, they say: “This law was the product of a colonial mindset that has remained on the books unchanged, and allows for discrimination against the Jamaican people.

“This law is arguably racist and should have no place in the body of laws of Jamaica and must be repealed and replaced immediately.”

The court case is expected to last four days.

Hanan Redwan

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