1. Public Security
70. Despite its achievements, Jamaica is confronted by serious social and economic challenges. A major area of concern is that of the number of reported murders which increased by 3.3 per cent in 200810. The murder rate was estimated at 60.2 per 100,000 in 2008 and 62.4 per 100,000 in 2009. The situation is compounded by the link between drug trafficking, the illicit proliferation of small arms and the presence of criminal gangs. In the Jamaican context, the existence of criminal networks is supported by the activities of
10 Source: Economic and Social Survey of Jamaica, 2009.
sophisticated criminal organisations within and outside the region and is enabled by the porous nature of our borders. The impact of the “guns-for-drugs” trade on Jamaican life is evident as 76.9 per cent of all homicides committed in 2009 feature the use of a firearm.
Gang-related activities were cited as the primary motive for 48.1 per cent of reported murders11. It is estimated that injuries caused by violence consumed about 12 per cent of the country’s total health expenditure in 200612.
71. In the face of extraordinary challenges to the maintenance of law and order, in May 2010, State of Emergency limited was imposed in sections of the capital, and security operations conducted in West Kingston, specifically in the Tivoli Gardens and Denham Town areas. The state of emergency was imposed to facilitate the efforts of the security forces to combat criminal activity which had become a serious threat to institutions of the State.
72. The operation was precipitated by intelligence gathered by the security forces indicating that heavily armed men opposed to the decision to issue the authority to proceed with committal hearings for the extradition of Mr. Christopher Coke to stand trial in the United States on drugs and gun trafficking charges, were preparing to attack members of the security forces. Intelligence also indicated that criminal elements in other communities intended to launch attacks on the security forces. This was corroborated by the fact that a number of police stations in and outside of Kingston were attacked by armed men using guns and Molotov cocktails. Two police stations were set on fire and extensively damaged and two police officers were shot and killed. It should be noted that improvised explosive devices, such as booby traps and bottle bombs, were used by criminals to fortify strategic points in the community to impede access by the security forces into the community.
73. At the end of the period, 23 to 26 May, 73 civilians were killed. Following the security operations, the Government immediately launched an extensive investigation into the military/police operations carried out during this period, including the circumstances of the civilian deaths. The Office of the Public Defender, an independent commission of Parliament charged with investigative powers on behalf of the citizens of Jamaica, established an office in the area to receive complaints from persons who witnessed or experienced violations of fundamental rights on the part of the security forces. The Complaints Division, a unit of the Jamaica Constabulary Force established by an Act of Parliament, also set up an office in the area of operation with a specific mandate to investigate complaints of residents against alleged breaches committed by police personnel.
Following identification of the victims, post-mortem examinations were conducted in the presence of the Public Defender and an independent pathologist from overseas observed the proceedings.
74. Violence and anti-social behaviour is also a problem in the education system. For 2009, the Ministry of Education increased its efforts to address the situation by embarking on several behavioural management programmes.
75. Challenges also persist in respect of allegations of abuses, including extrajudicial killings, by agents of the State. In 2009, the Police Public Complaints Authority, an independent agency with the power to investigate allegations of misconduct filed by members of the public against members of the Jamaica Constabulary Force (JCF) and its Auxiliaries, received a total of 391 complaints, 4.5 per cent more than in 2008. Of this amount, 123 were disposed of with 60.2 per cent could not be substantiated, 27.6 per cent
11 Ibid.
12 National Report of Jamaica for the 2009 Annual Ministerial Review of the UN Economic and Social Council on Progress Towards the Achievement of the Internationally Agreed Development Goals, including the MDGs.
referred to the Director of Public Prosecutions for ruling and 5.7 per cent referred to the Commissioner of Police for action or withdrawn13. A total of 318 shooting incidents were also reported in 2009 to the Bureau of Special Investigations - the arm of the JCF that investigates allegations of police excesses.
76. The Government acknowledges that the situation in prisons and lock-ups remains far from satisfactory. Many of the challenges associated with the correctional services were highlighted during the visit to Jamaica in February 2010 by the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Efforts are being made to improve the living conditions of inmates in all institutions. An extensive repair and an ongoing maintenance programme which includes the retrofitting of cells and sanitary convenience is in place. There is also closer monitoring of inmate/staff relationship and enhanced training opportunities for prison staff to reduce the number of incidents of abuse as well as of conflicts between staff and inmates.
77. The Government is also working to reverse the current practice of the incarceration of children in police lock-ups and to implement measures to protect children in juvenile correctional facilities, in keeping with recommendations emanating from the Commission of Enquiry on the Armadale incident in which 7 wards of the state lost their lives in a deadly fire in May 2009. These recommendations include ensuring that housing facilities correspond with international standards; the identification of additional space to properly house wards; the development of procedures, for example evacuation procedures, in the event of emergencies; the expansion of rehabilitation programmes to include structured long term therapeutic and cognitive programmes; and training for Correctional Officers at juvenile institutions.
2. Sustaining Development Achievements
78. In respect of the Millennium Development Goals (MDGs), the country is unlikely to meet targets on gender equality, the empowerment of women, reducing biodiversity loss as well as achieving significant improvement in the lives of inner-city residents. Additionally, although the country has achieved a reduction in absolute poverty and universal access to primary education, there are challenges in providing the necessary means to ensure universal access to secondary education, improving the quality of the outputs from the system, ensuring a safe teaching/ learning environment through the management of anti-social behaviour in schools and the availability of adequate financial resources. The domestic and global economic climates also have the potential to reverse the positive gains realized in respect of reducing absolute poverty.
79. It should be noted, however, that Jamaica has comparatively low child and maternal mortality rates, making MDG target of reductions, by three quarters, somewhat difficult.
Maternal deaths from direct causes have been halved, but deaths from indirect causes have increased. Shortages in midwives have also negatively impacted resources. In addition, there has been an increased prevalence of lifestyle-related chronic diseases such as cardiovascular diseases, diabetes and obesity.
80. Jamaica is vulnerable to natural disasters, the frequency and intensity of which have been increasing due to climate change. In fact, Jamaica has been hit by two major hurricanes in two consecutive years and by four major storms in five years. Such events negatively impact achievements realized to date because of the severe destruction to infrastructure, life and property.
13 Source: Economic and Social Survey of Jamaica, 2009.
81. Sustained progress, therefore, will entail continued and concerted efforts, including through close cooperation with international development partners.
VI. National priorities and commitments
82. In order to effectively respond to some of the challenges highlighted in previous paragraphs and advance the promotion and protection of the human rights of each citizen, there are several key priorities that the Government intends to pursue in the medium to long-term.