A GROUP of campaigners demanding all Jamaicans have public access to the Bob Marley Beach have taken the issue to court.

The trial to protect access rights to the famous beach in Bull Bay, St Thomas and St Andrew has begun in the Sutton Street Parish Court, in Kingston, Jamaica.

Representatives from the community at Bob Marley Beach, the Jamaica Surfing Association and the Jamaica Beach Birthright Environmental Movement (JABBEM) have joined forces to protect access rights for the celebrated beach under the Prescription Act.

Speaking to The Voice, from Jamaica, Dr Devon Taylor, president of JABBEM said: “The reason for taking this case to court reflects the larger effort to protect beach access accross the island.

“JABBEM is committed to take as many of these cases into court to gain legal binding recognition of Jamaican people’s rights to access their own beaches which unfortunately is not entrenched in the colonial era Beach Control Act of 1956.

“It is very important to engage the courts to establish the legally binding right of access to the beach.”

The beach is best known for being a spiritual haven for the late Reggae icon and an integral place for the local Rastafari community.

According to the campaign group, the beach is now at risk of privatisation and the only way to fight back is through court action.

Dr Taylor claims “the biggest driver” of Jamaicans losing access to beaches is through private beachfront property owners.

The Prescription Act states members of the public “have the absolute and indefeasible right to use such beach, land, road, track or pathway” to access any beach, when the beach has been used by the public for fishing, bathing or recreation “without interruption” for 20 years.

Campaigners say the local community around Bull Bay and surrounding areas have been using the beach continuously for more than 20 years, without any permission or interruption.

Dr Taylor added: “Land rights are critical for beach access and beach access is land rights.

“JABBEM is committed to protecting the rights of the Jamaican people to access the ecological heritage of the island.”

“The Beaches of Jamaica are national treasure and should be fully accessible by Jamaicans and friends of Jamaica.”

Dr Devon Taylor President of JABBEM

The group claim the Beach Control Act (BCA) – the law which regulates Jamaicans right to access all beaches – stems from the colonial era and is “racist” and discriminatory and they want this changed.

JABBEM is encouraging the Jamaican government to repeal and replace the BCA with modern
legislation that will provide general rights of access to beaches and rivers “with constitutional protection.”

According to the campaign group, the only road accessible to the Bob Marley Beach is owned by a private company.

In a statement, they said: “The Woof Group Limited (WGL) is the property owner for part
of the land which adjoins the Caribbean sea, and encompasses the only track/roadway accessible to Bob
Marley Beach.

“In addition, part of the track/roadway traverses property owned by the Government of
Jamaica (GoJ) and administered through the Commissioner of Lands (CoL).”

The group say both WGL and CoL are listed as defendants in the case and the legal action is being brought by the community “to protect their rights to use the track or roadway over the land for beach access and to also preserve their fishing rights.”

JABBEM also claim that parts of Jamaica are segregated and “beach access exclusion is very high” due to the nature of the Jamaican tourism model, which creates “exclusive economic zones.”

In a statement, Dr Taylor who is also a Biomedical Research Scientist and an environmental and social justice advocate said: “The Beaches of Jamaica are national treasure and should be fully accessible by Jamaicans and friends of Jamaica.

“We should not have to engage the courts especially against our own government to protect our rights; they should be written into our constitution.”

The court action comes following months of reports that some local Jamaicans were being denied access to some beaches on the island.

Two of Bob Marley’s children, Ziggy and Cedella Marley backed JABBEM’s drive, calling for all of Jamaica’s beaches to be made accessible to local people. 

Last month, the leading campaign group told The Voice, British tourists should boycott hotels and resorts that deny Jamaicans access to beaches across the island.

A petition was launched to Keep Bob Marley Beach public and to protect beach access for all Jamaicans.

The statement on the petition website reads: “We are alarmed by recent events at the Bob Marley Beach in Bull Bay, St. Thomas, a favourite spiritual retreat of the late Bob Marley, where the Jamaican public came under imminent threat of losing access to yet another community beach, along with the destruction of fisherfolk livelihood and land dispossession of prominent Rastafari family members.”

According to the petition, several beaches across the island have been closed to locals including Little Dunn’s River in St Ann, which is near to the popular tourist resort Dunn’s River Falls.

The statement continued: “It is at a crisis level, and if not addressed soon, Jamaica’s beaches will eventually be fenced off from its citizens.”