Prime Minister Holness, culture minister respond to court ruling upholding school ban on dreadlocks

In separate press releases this evening Holness called for the immediate review and amendment to the Education Act, while Grange said her ministry awaits with interest the written judgement given the fact that the Jamaican Constitution prohibits “discrimination on the basis of religious or cultural practices or race”.

A now seven-year-old girl, who is a student of Kensington Primary School in Portmore, St Catherine will likely have to continue her education at another institution of learning after the three-panel judge of justices Nicole Simmons, Evan Brown and Sonia Bertram-Linton ruled that the school did not breached the child’s constitutional rights when they banned her from wearing dreadlocks two years ago.

However, a court injunction issued last year by local human rights lobby Jamaicans for Justice on behalf of the family ensured that the child remained at the school. However, yesterday’s ruling sparked widespread outcry and condemnation from Jamaicans across the entire world.

The ruling, which was declared on the eve of Emancipation Day, brought into sharp focus the relevance of such an event in the 21st Century. And it perhaps should not come as a surprise that Emancipation Day activities on the island were greatly overshadowed by the decision of the Supreme Court. In every nook and cranny of the country and all over social media Jamaicans ave been left baffled and incensed by the ruling, calling it discriminatory and backward.

Though keen not to make any utterances that can be misconstrued as premature, the Office of the Prime Minister and culture ministry, were moved to comment on the matter.

In his statement Holness said: “This government does not believe that there should be any law, which could be interpreted to deny access to a citizen merely on the basis of their hairstyle. We have, as a rights sensitive government, always maintained that our children must not be discriminated against, nor deprived of their right to an education because of socio-economic issues – such [as their] inability to afford the school fees, or socio-cultural issues such as their hairstyle.”

Grange, who is also the minister responsible for gender affairs, entertainment and sport, said: “Like many of you, I’m extremely concerned about the reports on the decision as reported and I have asked to see the written ruling when it becomes available.  I have also requested that a team involving the legal officer in the Ministry of Culture, Gender, Entertainment and Sport reviews the ruling and advise on the next steps.

“The Jamaican Constitution, and I was in the House when we passed the Charter of Rights and Freedoms, does not permit discrimination on the basis of religious or cultural practices or race.  So I’m very interested to see on what grounds did the court make the ruling that is being reported.”

Given the current realities of Jamaica and the world it operates within, Holness says the time has come “to review and amend the Education Act to reflect a modern and culturally inclusive position that protects our children from being barred from any educational institution on the basis of wearing locs as an ordinary hairstyle irrespective of religious reasons”.

“Work is already ongoing with government ministries, departments and agencies to ensure that new guidance issued on grooming and appropriate appearance for work or school does not target specific hair textures and hair styles, race or religion.  We must accelerate the finalisation of this new policy.

“My ministry has been charged by Cabinet to establish a dress code commission which is advanced in its work,” Grange added.

“A dress code policy will be promulgated very soon to reflect the principles and values of independent Jamaica, promoting respect for our cultural identity and expression; inclusivity and diversity; and will also take into account our other realities, ranging from the economic to the climatic factors. The policy will set the tone for other needed areas of reform, including changes in our legislation.”

The parents of the child said they will not cut her hair despite the ruling of the court and, in the meantime, has instructed their attorney, Isat Buchanan, to file an appeal.