JAMAICAN WOMEN CRY FOR ACTION NOT ‘A BAG A MOUTH’

In 1987, Cabinet accepted The National Policy Statement on Women. Sixteen years later this policy is yet to be implemented. It has even been argued that the Government conveniently points to the initiative as if it is doing something. However, the fact that there has been no follow-up belies this.

The Association of Women’s Organizations in Jamaica (AWOJA) in its Alternative Country Report (Jamaica) to CEDAW (The Committee on the Elimination of All Forms of Discrimination Against Women), noted that over the years a number of recommendations and suggested revisions have been made to Related Laws in Jamaica. For example in Section 24(3) of Chapter III, The Constitution, in defining the word “discriminatory” omitted to include the word “sex”, which should be included in this category as otherwise the rights and freedom declared in Section 13 do not extend to discrimination on the basis of sex.

Other pieces of legislature which discriminate against women (and in some cases men) are:

• The provision of marriage gratuities to males (Section 6(1) – Pensions Act, 1947);

• National Retirement age differentials for men (65 years) and women (60 years) (National Insurance Act, 1947);

• The Women (Employment) Act - 1942 By this Act the employment of women in night work is prohibited except in specified circumstances;

• Maternity Leave Act (1997) Paternity Leave should be made available to the father of the child not simply maternity leave;

• The Children (Adoption) Act 1958 is discriminatory against the male – allowing him to adopt a female child only under special circumstances;

• The obligation to share costs in the maintenance of children should be reflected in the Maintenance Act (Section 2);

• Offences against the Person Act in which there needs to be an extension of the definition of rape, and that rape and incest are applicable to both sexes;

• The Matrimonial Properties Act which would be applied equally to men and women;

• Passport Regulations Act (1962) The Act contains discriminatory provisions, inter alia
  • For the inclusion of a woman in her husband’s passport which clearly would restrict her freedom of movement treating her as an appendage of her husband;
  • Like provisions as the above relate to the husband’s diplomatic or official passport. These provisions are archaic and should have been repealed long ago.

Gender disparities in education and the related issue of employment were also outlined in AWOJA report.

At secondary level approximately 51.8 per cent of the population are female.

Although 60 per cent of the persons enrolled in post secondary/skills training were females, they were concentrated in traditional areas (apparel and sewn products, cosmetology). There were a few males in the hospitality industry, (33 out of 254). A cursory examination of General Manager positions in the hospitality industry indicates that there are very few women in the top management posts. For the apprenticeship programmes 36 females out of a total of 1,383 were enrolled in programmes for automotive skills, industrial maintenance, and construction.

For the occupational and professional category 70 per cent of the students enrolled were female. These were concentrated in teaching, business and management, social sciences and the Arts. More males were still registered in Engineering, Agriculture, Computing, and Theology. In 2000, 23 per cent of the students graduating from the UWI were male, however at post –graduate level there were more males than females.

In public sector institutions more females than males sought to improve themselves (54.7 per cent) however for top management training 63 per cent of the persons trained were males. This suggests the continued dominance of men in these higher positions. Women have still not broken through the glass ceiling.

To some women, the sex trade is a viable solution to unemployment. Research on tourism and the sex trade in Jamaica has cited that the reasons given for entering the sex trade as: encouragement from others already in the trade; and unemployment and low wage earnings (a sex worker can earn US$1,400.00 if free lance, more than a domestic worker or waitress). Many sex workers had no problem with what they did. Many stated that they loved the job for the money and hated it for the sex.

An alarming finding was that many young girls are dropping out of school in tourist areas and entering the sex trade, some with the consent of their parents, whom benefit from their earnings. Many are underage and have come from other parts of Jamaica - the lure is usually to make money as a go-go dancer. Young girls, the researchers found are recruited on a Thursday at a bus depot for work in the clubs at the weekend.

In the Caribbean region no explicit laws, policies or programmes have been put into place to explicitly address sex tourism, which is growing, and with the advent of the Internet becoming more pervasive.

The report also showed that more than 40 per cent of adolescent girls who were sexually active did not use contraceptives in their last sexual act. Eighty nine per cent of adolescent pregnancies were unplanned. Fertility amongst adolescents increased as a result of low contraceptive prevalence. Teenagers have no special programmes and many are reluctant to approach health authorities for fear of being reprimanded. Despite the adoption of the Declaration on Adolescent Sexual Reproductive Health and Rights, 1998 –(UNFPA) Youth Assembly, Barbados, that contraceptive advice and services should be available to them within prescribed conditions, these have not been formally implemented.

It was suggested that The Venereal Disease Act should be amended to include intentionally engaging in behaviour which will transmit the disease to other persons. Provision should also be made to ensure the protection from discriminatory acts against persons infected with AIDS.

On the matter of Equality in Marriage and Family Life, Section 12 of the Maintenance Act should be redrafted to provide for the wife to maintain her husband if necessary and the words “irrespective of her being able to maintain herself”, should be deleted with regard to the husband’s obligation to maintain his wife.

The Marriage Act (1897) must be amended to give equal rights to both parents where consent to marriage is required for a child under 18 years. Likewise in both the Muslim and Hindu Marriage Acts (1957) the consent of the mother therein provided for must precede that of a male guardian.

AWOJA stated that there is no period in the females’ life cycle when she is not exposed to violence because of her sex: During the pre-natal stage, there may be battering of the mother during pregnancy, and other domestic and spousal abuse can affect the unborn child

During infancy and childhood, girls may experience differential access to food. Males in many Jamaican households are given larger portions and served first. Physical punishment occurs for both male and female children, and both can experience sexual abuse by family members and strangers, but the majority of victims are girls.

During adolescence, both sexes may be physically punished, and girls are beaten by boyfriends and experience date rape, battery, and economically coerced sex. In the adult stage, there is spousal and relationship abuse, sexual abuse in the workplace, rape, sexual harassment, and enforced prostitution.

Elder abuse is predominantly a problem facing women, and the abuse is often meted out by caregivers.

A check with the Casualty Department at Kingston Public Hospital revealed that they treat approximately 20 women daily as outpatients for injuries that require suturing, and that 90 per cent of them are as a result of domestic violence. Private hospitals are likely to cater to the middle and upper echelons of the Jamaican society. Information from Counselors revealed that women from the middle and upper socio-economic levels are often accompanied by the perpetrator to receive medical attention for their injuries. Victims often claim that these injuries are self-inflicted.

The AWOJA report in concluding re-echoed the view that since considerable amount of time and utilization of Jamaican expertise has been expended in order to formulate an excellent Policy Statement on Women, the statement must be implemented, as it clearly reflects the theoretical and conceptual guidelines outlined by the various instruments for Human Rights. It also provides the avenue to mainstream gender into all government policy and Ministries.

AWOJA charged that the Government of Jamaica must not only show political interest but it must take the responsibility necessary for changes to occur.