Jamel Banton | Public access to Jamaica’s beaches – Striking a balance

In 2023, the debate over public access to Jamaica’s beaches gained momentum, fuelled by concerns raised recently by Opposition Leader Mark Golding. The discussion underscores the need for a comprehensive approach that safeguards public interests while supporting private development opportunities.

CROWN LANDS AND PROPERTY RIGHTS

Jamaican law establishes the sea and shoreline up to the highwater mark as belonging to the “Crown” and, as such, it is public property. This legal framework dictates that, regardless of land ownership along the shoreline, no beach is entirely private. Every Jamaican, therefore, possesses the right to stroll along any beach within a few metres of the sea.

A key point is that not all shorelines have a walkable sloping beach. Simultaneously, the law recognises all owners’ rights to protect their property. If the adjacent shorelines are too steep for access and the only access to the beach is through a private property, then the owner reserves the right to protect his property from trespassing. Balancing these rights is paramount.

‘DA BEACH IS MINE’

Barbados, a leading example in enforcing public beach access, has preserved public access to its coastline. They’ve upheld the principle of maintaining public access even in prime, multimillion-dollar west coast properties. It was their beloved The Mighty Gabby who sparked national protests in the 1980s with his hit song and unofficial second national anthem Jack, da beach is mine. This helped to quell the efforts by hotels to create private beach spaces that would shut out locals.

Over the past decade, Barbados has also invested in multi-year projects that enhance and protect their beaches with features like boardwalks for better public access. While Barbados offers valuable insights, Jamaica’s coastline is different. Jamaica’s diverse coastline is characterised by sandy pockets and bays rather than long stretches of sandy beaches, except in Negril.

These pockets of sand tend to have rocky shorelines on either side, and getting to these pockets often requires access through private property, which presents unique challenges for policy implementation.

PUBLIC ACCESS POINTS IN NEGRIL

Negril, with a long stretch of sandy beach, sets an example with designated public access points. This demonstrates that harmonising public access and private development is possible. However, visitor harassment along the beach has been a concern, impacting safety and security.

While broader economic and social challenges may underlie this issue, it remains a crucial consideration. Learning from Negril, similar strategies can be replicated and enhanced in other parts of Jamaica.

BEACH ACCESS FOR KINGSTON

If we are to feel like a true island nation, then shouldn’t the more than half of Jamaica that resides in the Kingston metropolitan area have better access to beaches? Driving for more than half an hour to a beach and paying to enter is in conflict with a true island identity. Hellshire, Fort Clarence, Lime Cay and Bob Marley Beach are some of the more popular beach spots around Kingston, but these are too few and too far. To compound this problem, we can look at how we have allowed Hellshire beach to disappear without corrective action.

Whereas the debate around beach access often focuses on loss of livelihoods to fishermen and small communities, we continue to ignore the needs of the larger Kingston community. Neglected beaches not only detract from the visitor experience but also limit the recreational opportunities for local residents. Expanding beach space around Kingston would significantly enhance recreational opportunities and provide a much-needed breathing space for our residents.

RESPONSIBLE COASTAL DEVELOPMENT

In cases where members of coastal communities are displaced, then we need to question our development approval processes. Effective policies must be established to prevent locals from being displaced by resort and villa developments. In the approval process for coastal projects, environmental impact assessments (EIAs) play a pivotal role. These assessments should thoroughly evaluate the impact on local livelihoods and recreational value. Public participation in the EIA process is crucial to considering community interests. Additionally, compensation measures for impacted individuals must be fair and equitable.

SETTING POLICY

But, how much more of Jamaica’s coastline should be allocated for resort and villa developments that potentially limit public access? Roughly 59 per cent of Jamaica’s coastline remains undeveloped: 90% of the south coast and 34 per cent of the north coast have no development close to the shoreline. We therefore still have the opportunity to balance economic growth with public access. It’s essential to explore policies that safeguard these undeveloped areas and ensure continued public enjoyment.

WHAT’S NEEDED

To strike a harmonious balance between preserving public beach access and fostering economic development, several practical solutions emerge. Emulating our Caribbean neighbours’ commitments to public access while adapting policies to accommodate Jamaica’s unique coastline is crucial. Drawing inspiration from what already happens in Negril, we should designate public access points in various coastal areas along stretches of coastlines. These easements along undeveloped coastlines would guarantee uninterrupted future public access. This should especially be done close to urban areas but also across the country to account for future population growth in our rural communities. There should be several easements in each parish, strategically selected to accommodate various needs for fishing and beach recreation. This will also minimise potential conflicts with private developers. Providing better beach access for Kingston’s urban community is essential. We should start with improving what we already have, but more beach parks like the recently created Harmony Beach in Montego Bay are needed. We should aim for at least one of these in every parish. With the new highway in St Thomas, we should certainly look to enhance shorelines in this area, for example.

Responsible coastal development policies, backed by thorough EIAs and fair compensation measures should get better oversight to protect the vulnerable in existing coastal communities. The reality is that fisherfolk depend on natural sheltered coastlines to store their boats, but these are sometimes also ideal areas for developing resort beaches. As part of compensation plans for resorts, jetties could be created for fisherfolk to dock their boats, thereby helping to enhance their livelihood.

Integrated coastal developments are essential in the limited spaces we have in urban areas. The Ocho Rios Fishing Village is a great example of how public beach access can be integrated with fishing and commerce. Replicating this in other parishes would serve us well.

These combined efforts would make for a brighter future for all Jamaicans, preserving our right to enjoy the natural beauty of our coastline while supporting economic growth.

Jamel D, Banton is a registered professional engineer and managing director of Smith Warner International. Send feedback to columns@gleanerjm.com