Sonjah Stanley Niaah | What will it take to decriminalise obia?

There is a real opportunity for reparatory justice, which is being resisted by leaders of successive political administrations in the Caribbean. What will it take to decriminalise obia in Jamaica? Throwing off the mantle of colonial legacies such as the Obeah Act is a primary objective of those concerned with justice and, in particular, reparatory justice.

The spaces that allow for open, unbiased conversations about Obia are not many. The mission to open up such spaces coalesced in a virtual event entitled “Obia vs Obeah: Orality and the Reclamation of Spiritual Heritage”, which was hosted by the Centre for Reparation Research (CRR) in collaboration with the UNUCHI Foundation on March 11, a continuation of the connection established during the ‘Respelling Obia’ conference held at the Institute of Jamaica in October 2024.

However, outside of academic spaces, popular writings are also emerging. For example, it is heartening to see media outlets taking the matter of spiritual heritage and injustices around spiritual expression seriously. The Gleaner editorial published on May 13, ‘Obeah Law Nonsense’, was particularly poignant.

The perception of reparation as a ‘cash grab’ or the need for a cheque from former colonial powers must be dispelled. What victims of colonialism and enslavement do for themselves, their communities, and countries matter in the scheme of reparatory justice. For example, internal repair – psychological, spiritual, socio-cultural and structural – is fundamental. Reparation must, therefore, impact more than the financial. Its decolonial agenda must dismantle legacies of enslavement and colonialism in areas such as the Constitution, legislation, and other structural elements that no longer serve the citizens of Jamaica.

SAME CONDEMNATION

In 2025, individuals such as Oshawn Grant have suffered the same condemnation as Solomon, 1776, who was convicted of “having materials in his possession for the practice of Obeah”, or Neptune, 1782, charged “for making use of rum, hair, chalk, stones and other materials relative to the practice of obeah or witchcraft” or even Sarah, 1773, who was found guilty of “having in her possession cats’ teeth, cats’ claws … other materials, relative to the practice of obeah, to delude the mind and impose on the minds of the negroes”. Thanks to researchers such as Eugenia O’Neal, who documented the injustice meted out to practitioners of obia in her 2020 publication Obeah, Race and Racism: Caribbean Witchcraft in the English Imagination.

Can we really call ourselves an enlightened, modern, sovereign society when we punish people in the same way those who enslaved our ancestors did more than 200 years ago?

The Obeah Act in Jamaica became a tool of legislative colonialism in 1898 but was criminalised in 1760 with no clear definition of what the term actually meant. It successfully villainised the ‘act’ of obia with phrases such as ‘for the use of frightening any person’ and misrepresenting it in the vague definition of ‘occult.’ Is it any wonder that many Jamaicans shy away from any knowledge of this tangible connection to African ancestry and heritage with language such as this? The deliberate vagueness of this act allowed fear of the Dibja, the traditional African priest, healer/sage, to fester, which created a dependence on the enslaver’s systems and definitions. The (mis)representation reinforces the vilification of African lifestyles and justifies the mission of colonisation to ‘civilise’ and bring the savages to ‘God.’

Public theologian and minister of religion Dr Reverend Marvia Laws said: “I believe that the law itself is unconstitutional and ought to be challenged because as a Baptist, I firmly believe in the freedom of speech; I believe in the freedom of religion. Freedom of religion means that you have a right to believe or not to believe.” When we say the Obeah Act must be repealed, it is not at the disenfranchisement of other religions and practitioners. We demand that those who wish to practise and utilise the traditions that fall under the umbrella of obia may do so without fear of recrimination and punishment. We demand the repeal so honouring the dead who were wrongfully punished can be done without scorn, so that those heroes, Three Finger Jack and Chief Takyi, can be recognised without the criminal veil of ‘Obeah Man.’

ON THE BOOKS

The Obeah Act has been on the books for 127 years (as of June 2025). The practice of ‘Obeah’ was criminalised 265 years ago, and the trial records show that African ancestors, both enslaved and freed, were detained and punished for the misrepresented crime of ‘obeah.’ There is an opportunity now to do better for those who came before us, and those who must practice in secret today. Around the Caribbean similar ‘anti-witch craft’/ ‘Obeah’laws have been removed from the books with Barbados in 1998, Grenada, Trinidad and Tobago in 2000, and St Lucia following in 2004.

Last December, a new constitution was presented to the House for its deliberation with the hopes of furthering the goal of a Jamaican republic. We implore the committee overseeing this endeavour to take this opportunity to reform the unjust colonial legislation that has kept Jamaicans shackled to British belief systems. Can we take Rwanda’s example and once and for all repeal the laws inherited from a colonial past that no longer serves us?

Consultant with expertise in Yoruba culture and traditions Oluwakemi Somorin stated at the CRR’s recent seminar: ‘I’ve seen, heard, and engaged with people from the West who are reconnecting with their roots in a variety of ways, recovering their traditions and spirituality … They’ve tried a variety of methods to sustain, retrace, and connect to their roots, which has been referred to as Obia or Obeah in various forms. Even in Nigeria, any African mysticism practised by the colonisers is termed Juju. So Obia is in the Caribbean, and Juju is in West Africa …. I want us to understand what happens when our tradition is defamed or given a different name … recognise that the colonisers” aim is to colonise us, not empower us …. We should be proud of who we are. Ifa is about comprehending what our ancestors represent; their spirituality will lead us to learn more about ourselves.’

Our partners in the UNUCHI Foundation have stated their commitment towards ‘the positive exploration, exposition, and preservation of Africana Spirituality’ as well as development of ‘an Afro-Atlantic Reparations Resource aimed at achieving Knowledge Reparation and addressing the epistemicide caused by slavery, colonialism, and the continued demonisation of Africana cultures’.

The space (academic and popular) for the decriminalisation of obia is growing rapidly, and it is time for the region’s governments to catch up. We stand committed to provide the necessary research and other support to facilitate the work legislators must do to achieve real sovereignty for peoples of African descent.

Sonjah Stanley Niaah is professor of cultural studies and director, Centre for Reparation Research, The University of the West Indies. Send feedback to reparation.research@uwimona.edu.jm