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Aug 11, 2025  |  
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 | Remer,MN
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Lipton Matthews


NextImg:Jamaica’s Beaches and Property Rights

Jamaica’s tourism industry is experiencing unprecedented growth. Visitor arrivals have reached record highs, new hotels are opening across the island, and the government has introduced significant reforms to uplift workers and professionalize the sector. The launch of a national Tourism Academy and the introduction of a pension scheme for tourism workers signal a bold new phase in the country’s economic development. Yet, despite these successes, international media outlets continue to mischaracterize Jamaica’s tourism product as exclusionary and racist.

On July 11, 2025, the British newspaper The Guardian published a video interview claiming that Jamaicans are being deprived of access to their own beaches. The report focused on the legal history of beach access in Jamaica, specifically citing the Beach Control Act of 1956 and arguing that it fails to guarantee Jamaicans a right to the beach. The piece has sparked public outcry, reignited old grievances, and triggered a fresh wave of criticism against the country’s tourism industry.

However, this narrative is misleading. The Beach Control Act of 1956 must be understood within its historical and legal context. It does not create a positive right to access the beach for all citizens, but this is not an oversight or an act of racial exclusion. Rather, the legislation complements the earlier Prescription Act of 1882, which recognizes continued access to beaches that have been traditionally used by the public for recreation or fishing. Under this framework, longstanding usage can establish what are known as prescriptive rights.

Where beaches have been historically accessed by local communities, courts have generally upheld the public’s right to continued use. But the situation is different when it comes to newly-constructed beaches or resort developments. If a hotel has designed a beach as part of its infrastructure, and that beach was never previously used by the public, then no prescriptive right exists. In these cases, the owners are within their rights to restrict access, just as one would restrict entry to private property.

This distinction is crucial to understanding the current controversy surrounding the Blue Lagoon in Portland. The Jamaica Beach Birthright Environmental Movement has filed a lawsuit against the Portland Municipal Council and several beachfront property owners, demanding continued public access to the Blue Lagoon. The group argues that the Beach Control Act is racist and designed to exclude Jamaicans from enjoying their own natural heritage.

This accusation, however, is both legally and philosophically dubious. There is no general right to the environment or to public spaces. Citizens have rights to their personal property, their homes, and their bodies, but they do not have an automatic legal right to all natural areas of the country. The Beach Control Act is a practical piece of legislation that seeks to balance private property rights with customary usage. Its aim is not to dispossess, but to manage access in a fair and sustainable way.

Ironically, in response to growing public pressure, the government has announced that new hotel developments must provide access to Jamaicans. While this may appear to be a conciliatory gesture, it is in fact a step in the wrong direction. Mandating access undermines property rights and introduces confusion into what should be a clear legal framework. Prescription rights only apply to beaches with a history of public use. They do not extend to newly-designed or commercially-developed spaces. Attempting to override private ownership in the name of public access threatens to disrupt investment and weaken the integrity of property law.

At the same time, the government has recognized the need to improve public beach facilities. Many public beaches have suffered from poor management, lack of amenities, and inconsistent upkeep. In recent years, major investments have been made to upgrade these areas, and in some cases, a small entry fee is required to help cover the costs of maintenance and security. Free access alone is not a solution if public spaces are poorly managed, unsafe, or unattractive.

Another important, but often unspoken, issue is the behavioral culture surrounding public spaces in Jamaica. Many public areas suffer from rule-breaking, unauthorized vending, and loitering. These practices—while often driven by economic hardship—can degrade the experience of both local visitors and tourists. If unrestricted public access is allowed to beaches that are maintained and developed by private investors, there is a risk that these areas will become overrun or improperly used. This could dilute the very quality of Jamaica’s tourism product, which relies on order, cleanliness, and a premium guest experience.

Jamaica’s tourism sector is not simply about attracting foreign visitors. It is an engine of national development that employs hundreds of thousands of Jamaicans and contributes significantly to economic growth. The recent launch of the Tourism Academy and the introduction of pensions for tourism workers are evidence of a deeper commitment to the sustainability and professionalism in the industry. These are not superficial changes but structural reforms that will benefit future generations.

It is unfortunate that foreign media outlets choose to focus on divisive and emotionally charged issues rather than highlighting Jamaica’s progress. The Guardian’s portrayal of the country as one in which locals are being denied access to their own beaches ignores the complex legal, economic, and historical factors at play. More importantly, it downplays the enormous strides that have been made to transform the tourism sector into a more inclusive and future-ready industry.

Jamaica is moving forward. The country is modernizing its tourism infrastructure, investing in human capital, and ensuring that workers are protected and respected. The legal framework around beach access is not perfect, but it does seek some semblance of protecting property rights. Rather than tearing down the tourism industry with accusations of racism and exclusion, we should be focused on improving public amenities, clarifying property laws, and fostering a culture of mutual respect.

Tourism is not just a business in Jamaica—it is a vital national resource. To protect and grow this resource, Jamaica must resist populist demands that ignore legal realities and threaten economic stability. The island has much to offer, and its people deserve to benefit from the opportunities that come with a thriving tourism sector.