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Community fights back against concerning project on popular beach: 'The enemy of the people'

"The public will thereafter have the absolute right."

Development at a private coastal resort appears to threaten public access to Providence Beach, and with it, fishing access, recreation, and a way of life.

Photo Credit: iStock

Tourism has long been a driver of Jamaica's economy. But, as The Voice reported in early October, development at a private coastal resort appears to threaten public access to a key beach, and with it, fishing access, recreation, and a way of life.

Jamaica Beach Birthright Environmental Movement — also known as JaBBEM — is partnering with other local groups to bring a lawsuit they hope will safeguard community rights to access Providence Beach via a road that now passes through privately owned land. The suit cites the Prescription Act of 1882. 

As The Gleaner described, under Section 4 of the law, "if any beach has been used by the public for fishing, bathing, or recreation for 20 years, and any road or track adjacent to that land has been used by the public to access the beach over the same 20-year period, the public will thereafter have the absolute right to use such beach and access points."

JaBBEM president Devon Taylor has noted that residents have been using Providence Beach for over 60 years, asserting that the nearly 150-year-old Prescription Act should protect public access to the beach, even while a much younger law — criticized by community advocates as colonial and racist — has held that all of Jamaica's beaches are to be owned by the British Crown. 

"The problem across the island is that Jamaicans do not have any inherent right to use the beach and to use the sea," Taylor told The Gleaner. "The Beach Control Act of 1956 is the enemy of the people, as it allows for control of the coastline by corporations and by the Government, which issues licences to operate on the coastline."

In this case, the corporate development involves plans for a new resort from Sandals Resorts International. The Voice reported that the Environmental Impact Assessment for the project noted that the company planned to build "18 overwater bungalows, pylons, a supporting boardwalk carrying utility pipes, 10 villa-style suites, wetland conversion and coastal modification."

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Meanwhile, the road that residents have long used to reach the beach now cuts through privately owned property. According to The Voice, JaBBEM has also pointed to a concern for the health of mangroves along the shore. 

Public access to natural spaces is vital to regional culture and well-being as well as self-determination. Providence Beach provides residents with an opportunity for rest and relaxation, while fishing there offers a livelihood and food security for families, many of whom fall into low- and middle-income brackets relative to many of the out-of-towners and certainly all of the resort owners.

The possibility of corporate interests displacing island communities poses environmental threats as well. Tourist activity can strain energy grids, drive pollution, and damage coastlines, while altered fishing patterns can impact marine ecosystems — all of which can bring economic impacts as well. 

Representatives of the Sandals project have said the resort would benefit the economy by providing jobs and boosting tourism, but the EIA indicated that just 50 low-wage jobs would be created. And while supporting tourism is economically essential to many island nations, environmental degradation driven by excessive tourism can also dampen interest from travelers in the long term. For this reason, many have advocated for a thoughtful balance between tourism, environmental protection, and community welfare.

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The Gleaner reported on October 21 that JaBBEM's lawsuit was "set for continuation in the St. James Parish Court on November 10." Since then, Hurricane Melissa made landfall in Jamaica on October 28, and municipalities and businesses have been assessing the damage.

In the aftermath of a regional disaster involving numerous Caribbean countries, it remains to be seen whether the November 10 court date will proceed as planned.

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