Jamaican Laws for Jamaican People

By Sankofie | Published August 3, 2025 | 3 Comments

Jamaica was captured by the British from the Spanish in 1655.  Please note that in Jamaica today capturing land is illegal.  They stayed in power in the now British Colony for more than 300 years up to Jamaican Independence in 1962.  Independence remains controversial as Jamaica still has a Governor General who represents the British Crown.   Another point that makes Independence questionable are the British Laws that remain on the law books of Jamaica.   At the time of the enactment of these laws none of them, not one, were for the benefit of the enslaved people who were the labour force both on and off the plantation.   Any benefits acquired would have undoubtedly been from the principle of ‘wha drop off a head drop pon shoulder’  The laws were first, second and thirdly only and solely in the interest of the British Government, British people and the white British slave masters.  The laws were to ensure that the trade in enslaved peoples, the plantations system, the slavery system, the financial system and all other parts kept generating the financial and other resources to guarantee their wealth and maintain their lifestyle.

It is interesting to take a brief look at some of the laws that have been passed since Emancipation.  Please bear in mind that Emancipation, which signaled the termination of ‘slavery’ in the British colonies, did not put an end to British Rule.  The British continued to use the tools, methods and practices available to them to continue to oppress, maintain social and economic control and generally solidify their position of power.   So, for example, The Offences Against the Person Act (1861), could only have, as its initial intention, the aim of permitting loyal subjects of the Queen to be the only ones permitted to engage in and perpetrate violence.  It facilitated some serious repercussions for anyone who would dare to think that there was, out there somewhere, a right to defend oneself and one’s property.   The Larceny Act (1861), is a sad comment on the denigrating of our ancestors. They did steal. To get more food to eat…survival, to find something to sell to provide for other unmet needs…economic gains, to challenge the authorities…resistance, to equip themselves to fight….rebellion/war.   And so her majesty and her servants found it necessary, under these conditions to pass a law with punishments ranging from lashes to imprisonment with hard labour.

In 1760, on Monday, April 7 a rebellion was started in the British Colony named Jamaica.  This rebellion, which has taken its place in that part of our history, as perhaps second only to the Haitian revolution which came later, was started at Easter.   Easter, the time that marks the resurrection of Jesus the Christ three (3) days after his burial.   How dare those uppity cargo designated ones, start a war on the most significant Christian period! What an affront!  Involving the parishes of Clarendon, Saint Elizabeth, Saint James, Westmoreland, Kingston and the burning of numerous estates, this war/rebellion was indeed inexplicable to the British. How could these non-humans organize an insurrection of such magnitude?  How dare they fight back against their God decreed destiny? How could they have been so successful?   This must be supernatural.    Of course the resurrection was not…supernatural, that is.  The rebellion/war led by Takyi lasted for at least 15 months.  It is documented that, with the help of the maroons who had signed treaties with the British, it ended in late 1761.

Another law of note is the Obeah Law.   In 1760,  (same year as mentioned above), the British authorities passed a law they titled, ‘An Act to Remedy the Evils Arising from Irregular Assemblies of Slaves.’  This became known as the Obeah Law.  It can be clearly seen that this law was a clear and focused response to the war/rebellion of the same year and of course any other previous actions that had driven fear into them.

Further encouraged by the Great Jamaican Rebellion led by Samuel Sharpe in December 1831, the Emancipation Proclamation was read in 1834.   The freedom of all enslaved persons under 6 years old and those not yet born was declared.   All others from 6 years and older were not longer enslaved but would by the same proclamation, not a matter for choice or discussion, become a part of a British devised Apprenticeship system for a period of 6 years.  This was not what the enslaved people expected.  They were not ‘slaves’ anymore but were now to be ‘apprentices’ under the new British System which was sounding, looking and feeling no different to enslavement. 

And so the discontent continued and the British felt justifiable provoke by the many amendments they had to make to the Obeah Law of 1760, the failure of the apprenticeship system, Paul Bogle (1865) and other voices rising in the shout for freedom, justice and fairness, They made another valiant attempt with the passing of the Obeah Law (1898).  First introduced in Jamaica, 60 years after ‘full free,’ this was part of a larger effort to further curtail and put to a full stop all acts of resistance and rebellion by a population of people who did not ask to be, wanted to be, or accepted to be enslaved. 

Since 1999 The British government and other British institutions, e. g. the Church, universities,  City of London etc, have said some words and made some gestures to say they regret their part in the grand adventure of dislocation, subjugation and destitution they forced upon our people.  I have not heard any apology for the fact that it evidently was legal to whip without conscience, to control land, water and food, to forcibly Christianize, to erase cultural identity, to force breeding, to use the law as a tool.  I have not heard any apology for the denial of basic human rights.   But that is them.  

What will we do to symbolically re-balance the scales? To make sure the Jamaican people of yesterday are spoken of with accuracy and respect. To stop portraying them the way the British taught us to do and to give the future Jamaicans the true stories of the ancestors of this land who all fought together for many of the freedoms we enjoy today.  We remember them for their bravery, their resoluteness, resilience.  Will we be remembered as the ones who kept the unfair, unjust, demeaning to our people, British Obeah Laws and other British Laws on the Jamaican law books?

Or will we be telling the future generation to come to celebrate us for recognizing that one of the greatest tributes we could pay to the people gone before was to now move the defeated British and their laws out and continue to build the Jamaica for Jamaicans for which they fought.  Let us Jamaicans educate ourselves and develop Jamaican laws for Jamaican people.

The Obeah Law, 1898 (Jamaica) | Obeah Histories 
An Act to Remedy the Evils arising from Irregular Assemblies of Slaves, Jamaica 1760 | Obeah Histories