GE.20-10833(E)
Human Rights Council
Working Group on the Universal Periodic Review Thirty-sixth session
4–15 May 2020
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21
*Jamaica
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly
Distr.: General 18 August 2020 Original: EnglishIntroduction
1. Jamaica is pleased to present its report to the third cycle of the Universal Periodic Review (UPR) of the United Nations Human Rights Council (HRC).
2. In accordance with the Jamaican Constitution, the Government of Jamaica (GOJ) remains committed to the promotion and protection of all human rights. Jamaica will continue to cooperate with international treaty bodies to ensure that the human rights and fundamental freedoms of all Jamaicans are safeguarded.
Methodology/Consultation
3. This report was prepared by the Ministry of Foreign Affairs and Foreign Trade (MFAFT) in consultation with other members of the Inter-Ministerial Committee on Human Rights (IMCHR) including representatives from the Ministries of Justice; National Security; Education, Youth and Information; Culture, Gender, Entertainment and Sport;
Labour and Social Security; the Attorney General’s Chambers, the Bureau of Gender Affairs (BGA), the Child Protection and Family Services Agency (CPFSA), the Jamaica Council for Persons with Disabilities (JCPD), the Office of the Children’s Advocate/National Rapporteur on Trafficking in Persons (OCA/NRTIP), and the Planning Institute of Jamaica (PIOJ). A broad-based Stakeholder Consultation was also organised to receive inputs from Academia, Civil Society Organisations, and Human Rights Advocates.
It outlines progress made by Jamaica since the second review in 2015.
Developments since the last review
4. In 2009, Parliament approved Vision 2030 Jamaica – National Development Plan, the country’s first long-term results-based strategic development plan, which provides a strategic roadmap to ensure broad-based improvement in the quality of life of all Jamaicans towards a secure and prosperous future. It is geared towards the achievement of 4 interdependent Goals and 15 National Outcomes, captured in the Vision Statement:
“Jamaica, the place of choice to live, work, raise families and do business”. Vision 2030 Jamaica is evidence-driven; underpinned by principles of sustainability, equity, and inclusion; and integrates the economic, social, environmental and governance aspects of national development. It provides a framework for comprehensive long-term development planning and medium-term strategic prioritization.
5. Vision 2030 Jamaica is stakeholder-driven and people-centred – the National Development Plan (NDP) was developed through widespread stakeholder engagement; and each successive 3-year Medium Term Socio-Economic Policy Framework (MTF), the main mechanism for implementation of the NDP, is developed through engagement of evidence- based processes, including consultations with a range of stakeholder groups and relevant experts. MTFs 2015-2018 and 2018-2021 were each informed by consultations with over 800 stakeholders from the public sector, private sector, civil society, academia, and international development partners. A critical tenet of the partnership framework of Vision 2030 Jamaica is Thematic Working Groups (TWGs), which serve as the main consultative mechanism for monitoring and evaluation for Vision 2030 Jamaica and the Sustainable Development Goals (SDGs). As of 2019, there were ten (10) active TWGs.
6. Vision 2030 Jamaica is in its 12th year of implementation (FY2009/10–FY2020/21).
Each MTF, identifies the priority strategies and actions under each of the country’s 15 national outcomes for each three-year period from 2009 to 2030. Progress towards the achievement of the goals and outcomes of Vision 2030 Jamaica is measured through use of national outcome indicators aligned to the 4 goals and 15 national outcomes.
7. Based on the national outcome indicator and target framework, the country’s development progress under successive MTFs (2009–2012, 2012–2015, 2015–2018 and 2018–2021) has been mixed. Jamaica has experienced notable development gains across all four (4) goals. Some of the advances made to date include:
• Human capital development;
• Macroeconomic stability;
• Reduction in unemployment;
• Increases in the use of non-fossil fuel based energy such as alternatives and renewables;
• Governance, particularly in government effectiveness;
• Economic growth in some industry structures particularly tourism, agriculture and mining and quarrying;
• Infrastructural development.
8. An assessment of the period also shows development challenges yet to be overcome as well as development losses in some areas. Over the 11-year period, there have been ongoing efforts by the Government to lower the country’s crime rates, boost economic growth and environmental sustainability, and reduce the rate of chronic non-communicable diseases (NCDs, and poverty levels, particularly rural and child poverty.
9. A summary of the progress made under the framework of national outcome indicators and targets for the Vision 2030 Jamaica – National Development Plan indicates that of a total of 75 indicators, approximately 67% have shown improvement over the baseline year of 2007.
10. Consistent with its commitment to the promotion and protection of human rights, the Government, through the Ministry of National Security (MNS), has incorporated social intervention programmes into Jamaica’s crime prevention strategies. These include the establishment of Social Intervention Committees within each Division under the State of Emergency (SOE) and the Zones of Special Operations (ZOSOs). Committee members include the Custos of each Parish, the Security Forces, the Judicial System, Education and Health Officers, representatives of the Social Development Commission, as well as selected community members. These Committees are responsible for assessing conditions within the community including the state of physical infrastructure, health, environment, land tenure, housing and settlements and threats to sustainable development of the communities within the zone. The assessments are then used to develop holistic plans to address the identified challenges.
Acceptance of international norms (Recommendations 120.14, 120.15, 120.9, 120.16, 120.17, 119.1, 119.2, 119.3)
11. Jamaica is party to seven of the nine core international human rights instruments.
Jamaica also ratified the Convention concerning Decent Work for Domestic Workers in 2016, became a party to The Hague Convention on the Civil Aspects of International Child Abduction in 2017, and signed the Regional Agreement on Access to Justice in Environmental Matters in Latin America and the Caribbean in 2019.
12. Jamaica enacted the Child Diversion Act in 2018, which complements the existing national human rights instruments. To give effect to the Act, a new Child Interaction and Diversion Policy and Procedures is being drafted. The latter demonstrates the government’s commitment to efforts to uphold human rights, particularly to lift professional standards of the Jamaica Constabulary Force (JCF) in supporting the best interests of children.
Moreover, it acknowledges that members of the JCF have legal and ethical obligations to operate in accordance with domestic laws – the Child Diversion Act 2018, the Child Care and Protection Act (CCPA) 2004 and international conventions, such as the United Nations Convention on the Rights of the Child (UNCRC), United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); The United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) to protect and safeguard child rights during encounters with all persons under the age of 18 years.
Cooperation with treaty bodies (Recommendations 119.16)
13. Jamaica has consistently taken steps to bring its reports up-to-date, and is currently working to complete outstanding reports. In its effort to improve its reporting procedures and compliance, the GOJ now has an Inter-Ministerial Committee on Human Rights (IMCHR), which was formally established in 2018 by Cabinet approval to facilitate dialogue among stakeholders, including civil society representatives, on the implementation of its obligations under various human rights treaties and related reporting activities to treaty bodies to enable greater responsiveness to the requirements of the UN system.
Individual Ministries, Departments and Agencies (MDAs) also conduct inter-Ministerial consultations on human rights reports under their respective purview.
14. Jamaica has also consistently demonstrated its willingness to cooperate with the mechanisms of the UN human rights systems, including UN treaty bodies. It is important to recognise that Jamaica, like all other small developing countries, face significant human and resources constraints, which can impede the timely submission of reports. The Government has, however, been actively undertaking measures, through mechanisms such as the IMCHR, to minimise these challenges and their impacts on the country’s reporting activities.
15. Jamaica submitted in February 2019, its first report to the Committee on the Rights of Persons with Disabilities (CRPD). Jamaica also submitted in January and May 2020 respectively, its Eighth Periodic Report of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Beijing Platform for Action +25 National Reports.
Cooperation with special procedures
16. The Government continues to assess invitations to human rights special procedures mandate holders on a case-by-case basis.
Institutions and policies (Recommendations 119.48, 118.9, 118.10, 118.11, 118.12, 118.13, 118.14, 118.15, 119.19, 119.31, 119.32, 119.33, 120.21, 120.22, 119.37, 118.16, 119.38, 119.39, 119.40, 118.17, 118.2, 118.3, 118.4, 118.5, 118.6, 118.7, 118.8, 119.7, 119.8, 119.9, 119.10, 119.11, 119.12, 119.13, 119.21)
17. The establishment of a National Human Rights Institution (NHRI) remains an objective of the GOJ. The Government, collaborating with various public and private stakeholders, has studied various models of NHRIs with a view to determining the best approach for Jamaica.
18. The proposed model seeks to expand the role and functions of an existing entity, as there are currently a number of institutions in Jamaica that already work towards protecting human rights. The proposals submitted to Cabinet, particularly concerning the increased financial undertakings as well as structure of the NHRI are being further considered with a view to determining the best allocation of resources.
19. The National Policy for Gender Equality (NPGE, 2011) is a crosscutting policy, which is in line with several policy and legislative actions being undertaken by the GOJ. It outlines the GOJ's commitment to achieving gender equality through gender mainstreaming and is informed by the guiding principles of social justice, human rights, equality and equity; good governance, accountability, transparency, and participation. The GOJ, guided by the NPGE, takes an inclusive approach that focuses on men and women to combat gender-based violence (GBV), advance gender equality and promote economic balance and growth.
20. The Bureau of Gender Affairs (BGA), previously the Bureau of Women’s Affairs (BWA), was transferred to the Ministry of Culture, Gender, Entertainment and Sport (MCGES), in April 2016. This transfer aimed to strengthen the Bureau’s ability to
coordinate and oversee the preparation and implementation of the gender-mainstreaming mandate and to achieve gender equality in line with the goals of the NPGE. Consistent with the recommendations of CEDAW1, the GOJ also appointed a Cabinet Minister with specific focus on Gender Affairs, in addition to Culture, Entertainment and Sport (MCGES).
21. Further to the recommendations of the NPGE, in July 2016, the BGA finalized and published a Gender Mainstreaming Manual (GMM, 2016) to better define the roles and functions of Gender Focal Points (GFPs) within various MDAs, to identify gender gaps and strengthen the gender mainstreaming capacity of the public sector. This is required to ensure the fullest participation of all MDAs, and to ensure the integration of women/gender issues and to establish a gender focal point network. The establishment of the gender focal point network allows for communication and feedback from MDAs and to assist the Bureau on issues such as sharing information and assisting to compile national reports.
22. The GOJ through the BGA, partnered with the United Nations Development Programme (UNDP) to build on international commitments to gender equality through support of the Gender Equality Seal (GES) Programme. The GES Programme, launched in November 2016, recognizes private companies for meeting specific standards to promote gender equality and empower women; for creating equitable conditions for women and men in the workplace and for establishing work environments where women's work and contributions are valued. Technical officers from the BGA were trained to improve skills in implementing gender mainstreaming in the private sector.
23. The establishment of a Gender Advisory Council (GAC) was approved by Cabinet on 8th January 2018, for a period of three (3) years effective 8th January 2018. The GAC is a multi-sectoral body charged with guiding the implementation, monitoring and evaluation of the NPGE and the approved National Strategic Action Plan to Eliminate Gender-based Violence in Jamaica (NSAP-GBV) 2017-2027, through coordination by the BGA.
24. Through the NPGE, the GAC has a direct report line relationship to the Minister with portfolio responsibility for Gender Affairs, as well as the BGA. Additionally, the GAC has responsibility for monitoring and evaluation through sustained gender mainstreaming activities in keeping with the Vision Statement of the NPGE. The GAC will also provide direction, coordination, integration, and identify focal points and define a multi-sectoral mechanism to facilitate the integration of gender into sector policies and programmes. High on the work programme for the GAC is the ongoing legal reform as it relates to gender equality. This is a continuation of the work that begun in 2002 with the initial consultations that ultimately led to the creation of the NPGE.
25. The GOJ, through its gender-mainstreaming programme focuses on improving the number of women in decision-making and management positions. To achieve this, the BGA conducts training among several key stakeholders for capacity-building and institutional strengthening. In addition, sensitisation and awareness-raising sessions are conducted with public sector workers, community members and educational institutions, to empower women and to challenge discriminatory practices that affect their participation on the basis of equality.
26. The GOJ in its commitment to public sector reform, good governance and gender equity2, has developed Policy Guidelines for the Nomination, Selection and Appointment of Board Members of Public Bodies3 in Jamaica (the Guidelines/Policy Guidelines, 2018).
This has impacted regulations that promote women’s participation especially at the decision-making level. The current composition of Jamaica’s Parliament reflects an increase in the participation of women in decision-making at the highest levels in Jamaica’s history. The BGA has been engaged in ongoing collection and analysis of data on women’s political participation. The research indicates that presently, females represent 19% of the Lower House, 29% of the Upper House and 21% of the Cabinet. In addition, females account for 21% of the country’s Councilors and 14% of Mayors.
27. Following the 2016 elections, the government published a list of the fifty-two (52) Cabinet approved State Boards, which included Board heads and their members. An analysis of the Boards indicated that women were still under-represented in these decision- making and leadership positions with women accounting for 37%. Presently, 65% of the Ministries have female Permanent Secretaries; women comprise 60% of the heads of
MDAs; 63% of Judges in the Supreme Court and 70% of Judges at the Court of Appeal are women.
28. Currently, there are a number of women in non-traditional areas at the highest levels of decision-making bodies. There are female Ministers of Foreign Affairs and Foreign Trade; Science, Energy and Technology; Culture, Gender, Entertainment and Sport;
Attorney General; Public Defender; Political Ombudsman; Commissioner of Customs;
Managing Director of HEART TRUST NTA; Director of Public Prosecutions; Chief Personnel Officer, Services Commission; Solicitor General; Commissioner of Corrections;
Director General, Statistical Institute of Jamaica; Executive Officer, Jamaica Defence Force; and a Deputy Commissioner of Police (2017). Of the twenty (20) Heads of Diplomatic and Consular Missions, nine (9) are women.
29. A Memorandum of Understanding (MOU) was signed between the Ministry of Industry, Commerce, Agriculture and Fisheries (MICAF) and MCGES in November 2017 to engage and promote women in business. The objective of the MOU is to increase opportunities for women in the Micro, Small and Medium Enterprises (MSME) sector. The MOU aims to promote sustainable and productive entrepreneurial activities and to generate income among disadvantaged women, particularly among those persons living in poverty.
In fulfilling the MOU, the Women’s Entrepreneurship Support (WES) Project was created and four (4) beneficiaries were awarded.
30. Jamaica is the only Caribbean country participating in the Win-Win: Gender Equality means Good Business Programme, which is being implemented in Latin America and the Caribbean (LAC). It is a strategic partnership among UN Women, the International Labour Organization (ILO) and the European Union (EU) for the promotion of gender equality in the private sector. To date sixteen (16) Jamaican private sector companies have committed support for the Women’s Empowerment Principles (WEPs), which aim to allow the full and equal participation of women in society. It focuses on strengthening the leadership of women in business and their participation in the workforce; reduction of the gender pay gap; decent jobs; entrepreneurship; autonomy and economic empowerment.
Gender-Based Violence
31. The BGA is currently implementing the National Strategic Action Plan to Eliminate Gender-based Violence (NSAP-GBV 2017-2027) in Jamaica, which was approved on 10th July 2017. The plan provides for an integrated, multi-sectoral and structured approach to addressing the key issues and challenges of GBV, with a strategic focus on victims, survivors, perpetrators, and witnesses of acts of violence. The NSAP-GBV utilizes a multi- sectoral approach centred on human rights principles, and guides stakeholders in understanding and fulfilling their obligations under international instruments, which preserve non-discrimination and protect against human rights violations.
32. The NSAP-GBV will also guide the review and reform of local legal instruments - current and to be reformed - that will prohibit, prevent, and respond to all forms of GBV, and treat all victims equally and respectfully, regardless of gender, age, ethnicity, geographical location, religious affiliation, ability, and class.
33. The NSAP-GBV is primarily focused on violence against women and girls and will be guided by the plan’s five (5) strategic priority areas to eliminate gender-based violence, and allocates responsibilities for their achievement through collaboration and partnership with other key stakeholders. The strategic priority areas include: Prevention, Protection, Investigation, Prosecution and Enforcement of Court Orders, Enforcement of Victim’s Rights to Compensation, Reparation and Redress and Protocols for Coordination of NSAP and Data Management Systems.
34. A Memorandum of Understanding was signed between the MCGES and the UN Women Multi-Country Office of the Caribbean (September 2018) to support the implementation of the NSAP-GBV with funding for the “No Excuse for Abuse Public Education Campaign”. The campaign increased public awareness of GBV, measures for its prevention and enhanced understanding of the roles of government and civil society in response to GBV guided by gender and behavioural change communication. It also sought to address socio-cultural issues surrounding GBV. The campaign targeted women ages 15–
35, men ages 15–40, perpetrators of abuse/violence, survivors of violence and persons experiencing violence and persons witnessing or aware of violence. These age ranges cover the age groups of victims and perpetrators in which the current GBV prevalence rates are the highest, as seen in the Women’s Health Survey (WHS, 2016).
35. The Spotlight Initiative (SI) is a European Union (EU) and United Nations (UN) jointly funded three-year Country Programme for Jamaica to eliminate violence against women and girls (VAWG). Launched on 9th March 2020, the SI in Jamaica will address three priority areas: 1) Child Sexual Abuse, 2) Intimate Partner Violence and 3) Discrimination against vulnerable groups. This focus provides a unique opportunity to address family violence as a major public health and development issue that has significant ramifications at the individual, community and national levels. The Initiative takes a women and girls-centered approach, in particular, the groups which are more vulnerable to GBV, sexual exploitation and other forms of discrimination. Targeted efforts will be made to engage men and boys. The Country Programme is being implemented by four (4) UN Agencies, namely; UN Women, United Nations Development Programme (UNDP), United Nations Population Fund (UNFPA) and the United Nations Children’s Fund (UNICEF) and will be spearheaded by the MCGES in partnership with the Ministry of Foreign Affairs and Foreign Trade (MFAFT), with the BGA as the lead Division.
36. In keeping with the five strategic priority areas of the NSAP-GBV, the Ministry is in the process of setting up three (3) regional shelters that will provide a safe-haven for women who need to be rescued from domestic abuse.
37. The BGA introduced the Community Outreach through Partnership for Empowerment (COPE) Initiative in July 2019 to increase the financial and partnership support provided to non- government organizations (NGOs) and community groups. The initiative is designed to raise awareness and promote good practices to respond to the rising levels of GBV. It also promotes meaningful engagement with men and boys through a series of interventions to achieve behavioral change. Under Phase One of the COPE initiative, eight (8) community groups/NGOs were supported with subventions for the period April 2019 to March 2020.
38. Four (4) key pieces of legislation intended to provide women and children with greater protection against domestic violence were reviewed for strengthening by a special Joint Select Committee (JSC). The GOJ reviewed existing legislation, which among other things, protect women, children, the disabled and the elderly from violence and abuse. The legislation includes the Sexual Offences Act, the Offences Against the Person Act, the Domestic Violence Act and the Child Care and Protection Act. Special emphasis was placed on the offences and punishment under these pieces of legislation with regard to: the murder of pregnant women; the assault of women, children and the elderly; sexual offences against women, children and the elderly; and such other violent crimes against women, children, the disabled and the elderly as may be deemed necessary for the review.
Recommendations have been made for legislative amendment to facilitate better administration of justice, effective protection of the special vulnerable groups and should also address the realities currently being experienced in the Jamaican society. The JSC Report was adopted in the House of Representatives in December 2019 and approved by the Senate in July 2020, whereby amendments will be made to relevant legislation.
39. The Women’s Health Survey (WHS), 2016 was launched on 22nd June 2018 through partnership between UN Women and the Inter-American Development Bank (IDB) in collaboration with the Statistical Institute of Jamaica (STATIN). The survey is the first nationally led prevalence study on Violence Against Women (VAW) among the Member States of CARICOM and provides the most current and nationally representative prevalence data.
40. A Sexual Harassment (SH) Bill is currently being considered at the level of a JSC of Parliament that was established on 9th July 2019. This JSC will debate and consider recommendations from oral and written submissions on the Sexual Harassment (Prevention) Act, 2019. To date, ten (10) written submissions have been received from two (2) MDAs, seven (7) Non-government organizations (NGOs) and one (1) private individual. Four (4) entities that perform public functions have developed workplace
policies namely: Civil Aviation Authority, INDECOM, Jamaica Mortgage Bank, Urban Development Corporation and the Electoral Office of Jamaica.
41. The BGA, which is mandated to promote, advocate for, achieve and mainstream gender equality throughout Jamaican society, in keeping with the guiding principles and goals of the NPGE, has partnered with the Ministry of Education, Youth and Information (MoEYI) to mainstream gender throughout the education system through a Gender Ambassadors Programme (GAP). This programme is a replica of the BGA’s Gender Focal Points (GFP) Network with various MDAs.
42. The GAP facilitates sensitization and awareness-raising on several gender issues, including: gender equality and equity, healthy relationships, child rights, discrimination, school-related gender-based violence, gender stereotypes, bias and discrimination and bullying. The Programme is currently in its early stage and will focus on addressing issues affecting boys and gender parity in decision-making and leadership positions. Currently, a total of eighteen (18) educational institutions are part of the GAP pilot programme; there are eleven (11) secondary and seven (7) tertiary educational institutions.
43. In an effort to strengthen data collection mechanisms, the Statistical Institute (STATIN) continues to disaggregate censuses and major surveys by sex. Examples of these are the Population and Housing Censuses, Labour Force Survey, Jamaica Survey of Living Conditions and the Women’s Health Survey, which was seen as a pilot study for the Caribbean and produced baseline indicators, as well as SDG and VAW indicators in 20164; and other ad hoc surveys. The census and the Labour Force Surveys were used to produce Gender indicators such as the economic indicators for the CARICOM Gender Equality Indicators (GEI).
44. The Jamaica Crime Observatory - Crime and Violence Information System (JCO- IVIS) data sharing protocol continues to facilitate the sharing of standardised and disaggregated data based on the variables of gender, age, location, and incident.
Additionally, the JCF established a Statistical Information Management Unit that collects data on crime and violence. Data is disaggregated based on request by sex and incident context.
Human rights education and training (Recommendations 119.4, 119.5, 119.6, 119.14)
45. The protection of human rights and the rule of law remain a priority for the GOJ, as is evidenced by the initiatives it has undertaken thus far. MNS is currently in the process of developing the Law Enforcement (Protection of Integrity) Act, which will define the standards of operation for all individuals engaged in law enforcement activities, to include consideration for human rights and further, enhance public confidence in law enforcement agencies. Training seminars to build the capacity of the police in children’s rights and appropriate child justice strategies have also been conducted by the Office of the Children’s Advocate (OCA) within the various ranks of the JCF in all geographic areas and Police Divisions. Furthermore, the Commissioner of Police has undertaken an initiative to restructure the JCF in a bid to re-establish the mechanism by which corruption among members within the JCF is investigated, to allow for its reduction and/or elimination. As an initial step, the Inspectorate of Constabulary, has been renamed as the Inspectorate and Professional Standards Oversight Bureau (IPSOB) and will partner with key stakeholders such as the Major Organised Crime and Anti-Corruption Agency (MOCA), Financial Investigation Division (FID), Office of the Director of Public Prosecution (ODPP) as well as other governmental and non-governmental entities to develop and maintain professional standards within the JCF. Steps are also being taken to repeal the Constabulary Force Act and replace it with the Police Service of Jamaica Act as well as to effect a merger of the Police Civilian Oversight Authority and the Police Service Commission to establish a new Police Authority.
46. The GOJ is also promulgating a Less Lethal Weapons (LLW) Policy, which will provide a regime that will regulate access to less/non-lethal devices, e.g. pepper sprays for personal protection, as well as to facilitate options for graduated use of force by security
forces in the application of LLWs, e.g. electro shock weapons, thereby reducing the potential for excessive use of force against the public.
47. The JCF’s policy for the use of body worn cameras in police operations was drafted in 2016. Body Worn Cameras were acquired to enhance the provisions for human rights and human dignity, and form part of the government’s thrust to ensure that citizens’ human rights are not violated when police officers are dealing with civilians. Body Worn Cameras are presently being used in the Zones of Special Operations (ZOSOs). Section 19 of the Law Reform (Zones of Special Operations) (Special Security and Community Development Measures) Act, 2017 (“ZOSO Act”) states that as far as possible and having regard to available resources, body cameras are to be worn during operations, and provides for the establishment and review of the protocols and procedures for the use of body-worn cameras in the zones of special operations. The Jamaica Defence Force (JDF) and Jamaica Constabulary Force (JCF) Officers are given consistent training in human rights, use of force and community development initiatives as stipulated by the Act.
48. The MNS has implemented the National CCTV surveillance system (Jamaica Eye).
At the launch in 2018, Jamaica Eye had one hundred and eighty (180) government owned CCTV cameras island wide. It now has six hundred and fifty (650) cameras installed in towns across the island. During the period under review, the replacement of old and dysfunctional cameras originally installed almost ten years ago in some towns has been completed. Also, the number of cameras covering major cities and towns has doubled.
Non-discrimination (Recommendations 119.17, 119.18, 120.20)
49. The issue of non-discrimination has been addressed in the sections of the report devoted to Institutions and policies and the Right to health.
Conditions of detention (Recommendations 119.26, 119.28, 119.29)
50. The Government of Jamaica has embarked on the development of an Offender Management Policy, which will provide among other things, the rationale for the amendment of the Corrections Act, 1985 and the Parole Act, 1978. The amendment of these legislations seeks to modernize the legislative framework governing the operations of the Department of Correctional Services (DCS).
51. The proposed amendments to the Acts will: (i) improve the processes and procedures relating to the care and management of offenders; (ii) facilitate the expansion of rehabilitation and reintegration programmes; and (iii) increase compliance with and further align the Act and its Regulations with international conventions, laws and best practices.
Other initiatives implemented in addition to the proposed policy
The We Transform Programme
52. This programme focuses on rehabilitation of Juvenile Offenders and redemption/reducing reoffending and is geared towards equipping the children in DCS facilities with the requisite skills and opportunities to transform their lives and become the best version of themselves. The components of the We Transform Programme are:
(a) Educational and Life Skills Programmes;
(b) Internship/Apprenticeship opportunities;
(c) Cadet Training;
(d) Psycho-social and Healthy Lifestyle Interventions;
(e) Mentorship;
(f) Sports;
(g) Visual and Performing Arts;
(h) Parent Engagement and Training.
Academic, vocational and life skills training
53. As a measure of the rehabilitation of Adult Offenders, inmates are exposed to academic programmes as well as vocational and life skills training. Several inmates participated in the academic programme, seventy-seven (77) of which sat external examinations. Of that number, forty-nine (49) were successful in one or more subjects.
54. Of the nineteen (19) children who sat external examinations, fourteen (14) passed one or more subjects.
Human Rights Training
55. Correctional Officers are continuously being exposed to Human Rights training to improve their awareness of the rights of inmates and wards.
56. Additionally, there is ongoing training for Correctional Officers and Case Managers to treat with children who display suicidal ideation.
Technology upgrades
57. Electronic Fire Alarm systems were installed in all four (4) juvenile facilities in an effort to further ensure the safety of the children.
Prohibition of slavery, trafficking (Recommendations 119.41, 119.43, 119.42)
58. Established in 2005, the Cabinet-appointed National Taskforce Against Trafficking in Persons (NATFATIP/the Taskforce), continues to operate as an inter-ministerial group (with NGO membership), whose core emphasis is the prevention and suppression of trafficking in persons (TIP), investigation and prosecution of all individuals suspected of committing the offence, as well as the protection and provision of assistance to victims of trafficking. This is done by enhancing national capacity and developing Jamaica’s legislative and institutional framework for the elimination of trafficking.
59. The Task Force hosted its first International Conference on Human Trafficking in July 2018 and also launched the A-TIP Clubs in school programme in 2019 in approximately 20 secondary schools across the island. The Club is intended to equip students and teachers alike with the requisite knowledge and tools to help them protect against becoming a victim. Advertisements, news releases, media interviews and news forums are regular tools used by the Taskforce in its public education campaign.
60. Jamaica has ratified the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol). In keeping with its international obligation, the Government enacted the Trafficking in Persons (Prevention, Suppression, and Punishment) Act, 2007. The legislative framework was strengthened through amendments (enacted in January 2018) to the Trafficking in Persons (Prevention, Suppression and Punishment) Act to allow for human trafficking cases to be tried before a Judge alone. Additionally, the Child Care and Protection Act, 2004 was amended in 2018 to increase the penalty for the sale or trafficking of a child from ten years to twenty years.
61. Through the MNS, the NATFATIP continues to bolster its efforts in the fight against human trafficking by initiatives taken to address human trafficking.
Appointment of a National Rapporteur on TIP
62. In 2015 the Cabinet of Jamaica appointed Jamaica’s first National Rapporteur on TIP, making Jamaica the first country in the Caribbean Region to have such an official. A core role of the National Rapporteur is the monitoring and evaluation of Jamaica’s anti- human trafficking programmes, policies and prevention strategies from a victim centred/rights approach. Since being appointed, the National Rapporteur has tabled two (2) annual reports in July 2018 and March 2020.
Efforts of the Ministry of Labour and Social Security (MLSS)
63. The Ministry of Labour and Social Security (MLSS) continues to raise public awareness on human trafficking, both at the staff level and the public in general through, workshops, roadshows, and other medium where sensitization sessions are conducted.
Liberty and security – general (Recommendations 119.22, 119.23, 119.24, 119.25)
64. In addition to investigation, efforts are continuing to strengthen the prosecutorial arm of the Justice System to make it more efficient and effective. The Government continues to act to ensure that police officers who are implicated in extrajudicial killings and who have fled Jamaica are extradited, where possible, to answer charges.
65. In 2019 the Ministry of National Security launched project Rebuild, Overhaul and Construct (R.O.C) targeting over 200 police facilities island-wide. The objective of Project R.O.C is to convert all police stations into modern, citizen-friendly workspaces, provide officers with a comfortable environment conducive for work, while creating the ambience for citizens to willingly and comfortably engage the police.
Right to an effective remedy, impunity (Recommendations 119.46, 119.47, 119.45, 119.20)
66. The Criminal Justice (Suppression of Criminal Organizations) Act, 2014, commonly referred to as the Anti-Gang Act, was developed as a response to the growing presence of criminal organizations/gangs in Jamaica. A preliminary study revealed various limitations with the Anti-Gang Act to include, inter alia:
• A lack of search and seizure powers;
• Prosecutors more willing to advance trials for predicate offences;
• Ambiguity regarding the interpretation of various aspects of the legislation; and
• Inability to intercept communication under the Act.
67. A Joint Select Committee of Parliament conducted a review pursuant to Section 21 of the Act, which requires that this be conducted no later than three (3) years after its adoption. The purpose of the review was to identify any weaknesses with respect to the effectiveness of the legislation and to determine whether or not any new provisions were necessary to assist investigators and prosecutors in the fight against organised crime. By June 2020, the JSC report was adopted by both Houses of Parliament and recommendations for amendments to the Act approved by Cabinet.
68. As part of its mission, Jamaica has commenced the implementation of a strategic security programme, Plan Secure Jamaica (PSJ). The Citizen Security Plan (CSP) is a multi-sectoral, community -focused thematic component of PSJ, aimed at improving citizen security. The Citizen Security Plan works in tandem with and/or through other components of PSJ towards PSJ’s goal through its broad strategic outcomes and objectives;
(a) to deter or otherwise prevent threats;
(b) to build robustness and resilience to protect against the effects of threats and hazards;
(c) to strengthen Jamaica’s capabilities to appropriately and effectively respond to the many and varied threats to Jamaica’s security.
69. The CSP’s prioritized outcomes are categorized into three focus areas to be implemented in twenty-one (21) at-risk communities utilizing the Clear-Hold-Build approach.
70. National oversight will be given by the Violence Prevention Commission, the National Partnership Council of Jamaica (NPCJ) and the National Security Council.
Justice, Security, Accountability and Transparency (JSAT) Project
71. The JSAT Project is a five-year project funded by the European Union. The financing agreement was signed on 8th May 2014 and was slated to end on 8th May 2019.
The operational period was subsequently extended to 8th May 2020. The key implementing agencies are the MNS and Ministry of Justice (MOJ). Additionally, project beneficiaries are the Financial Investigation Division (FID), Revenue Protection Division (RPD), Major Organised Crime and Anti-Corruption Agency (MOCA), Counter Terrorism and Organised Crime Branch (C-TOC), INDECOM, National Police College of Jamaica (NPCJ) and the Institute of Forensic Science and Legal Medicine (IFSLM). The activities delivered focused on improving the physical facilities at the NPCJ, supply of training and studies at the NPCJ, and improving the capacity within the IFSLM and increasing the capacity of law enforcement agencies.
Right to an adequate standard of living – general (Recommendations 119.50, 119.53, 118.18, 118.19, 119.52, 119.51)
72. As at 2017 (latest available data) 19.3% of the population was living in poverty. The prevalence of poverty was highest in Rural Areas, accounting for 20.5%. The food poverty rate stood at 5.2.
73. The National Policy on Poverty and National Poverty Reduction Programme (NPP/NPRP) were approved by the GOJ in September 2017 as a strategic response to addressing the issue of poverty through a coordinated approach. The policy and programmatic framework are recognised as contributory elements to the overall effort of the Government to strengthen and support economic growth and broader social and sustainable development outcomes.
74. The NPRP is directly linked to and influenced by the NPP. It embodies the commitments made by GOJ in the effort to eradicate extreme poverty and reduce absolute poverty, within the framework of the Vision 2030 Jamaica – National Development Plan, the Jamaica Social Protection Strategy (SPS, 2014), and the 2030 Agenda Sustainable Development Goals (SDGs).
75. The National Policy on Poverty embraces eight core principles, which form the basis for empowering individuals, households and communities to achieve their full potential and thereby contribute to holistic national development. The guiding principles of the policy are:
(a) Respect for Human Rights;
(b) Inclusive and Participatory Development;
(c) Shared Prosperity;
(d) Empowerment and Personal Responsibility;
(e) Equitable Access to Basic Goods and Services;
(f) Evidence-Based Monitoring and Evaluation (MandE);
(g) Transparency and Accountability;
(h) Sustainable Development Approaches.
76. The National Poverty Reduction Programme commenced its first year of implementation on 1st April 2018 following the launch of the Programme in March 2018.
Over the period (FY 2018/2019), emphasis was placed on the establishment and operationalization of the relevant institutional arrangements, partnership building and coordination, prioritization of key actions through the development of a programme of action, and developing the monitoring and evaluation framework.
77. A total of 80 programmes – delivered primarily by 29 MDAs, and partnering non- government entities – were aligned to the first year of implementation of the NPRP, as part of a coordinated response to addressing poverty and vulnerability. These include entities
delivering services to address extreme poverty and deprivation, psychosocial needs, infrastructural and other community development responses and providing economic and human capital development opportunities.
Right to health (Recommendations 118.21, 119.54, 119.55,119.56, 119.57)
78. The Ministry of Health and Wellness (MOHW), and the various stakeholders drafted a Sexual and Reproductive Health policy that addresses every age group and risk issue. The MOHW has increased their capacity to target adolescents through the Teen Hub, located in Kingston which provides sexual and reproductive advice, mental health counselling and HIV testing and counselling. The Hub recruits adolescents primarily through peer-to-peer referrals and is increasingly popular among male adolescents and the deaf community. The Hub’s success has resulted in the planning of two additional Hubs to be launched.
79. In relation to discrimination on the basis of access to HIV/AIDS treatment, the Enabling Environment and Human Rights component of the National HIV/STI Programme seeks to strengthen the legislative, policy and advocacy environments of the national response through the development and/or amendment of laws and policies and supporting structures. The aim is to reduce the risk of HIV infections and to ensure that persons living with and affected by HIV can access treatment, care and support services without fear of stigma or discrimination.
80. The CPFSA has embarked on a number of projects to centralize and consolidate its psychosocial services for children with mild to severe psychological, behavioural and physical challenges. This included a Therapeutic Centre, which is to aid with treatment and rehabilitation. The programme improvement plans were developed in response to recommendations made and gaps identified in the effort to modernize alternative care services at all levels of the Agency’s operations.
81. The Agency has also developed and provided mental health training for social workers and caregivers in addition to a suite of programmes being delivered under the Mental Health Services project. This has resulted in 150 individuals from different levels within the CPFSA network of service partners being trained. The Agency has also deployed its Mobile Mental Health Unit (SMILES) to provide psychosocial screening, assessment and intervention for children in State care with an emphasis on those being served in the residential child protection sector.
82. The CPFSA’s cadre of social workers provided counselling services to children (in and out of care) while the clinical psychologists provided psychosocial services for children in state care. The CPFSA team continues to maintain its first responder system for children and families affected by trauma. Early assessment and initial and follow-up responses are carried out in collaboration with partners, including the Victim Services Division of the MOJ, CISOCA, and other agencies. Interventions included counselling and material support, community walk-throughs and other forms of emotional support.
83. See further information provided in the section of the report devoted to the Right to education.
Right to education (Recommendations 119.58, 119.59)
84. The Government has been increasingly pursuing an evidence-based approach to education with focus on standardization of the curriculum, enhancing the framework and systems for assessment from the early childhood to secondary levels of education to inform appropriate teaching and learning approaches and interventions to address specific learner needs. Several new schools were established and many existing ones upgraded. Emphasis continues to be placed on early childhood education. There has also been increased focus on strengthening the structures for labour market relevant certification, school-to-work transition and entrepreneurship.
85. The needs of the vulnerable remain priority for the Government of Jamaica. The Programme of Advancement through Health and Education (PATH), launched in 2002, provides a conditional cash transfer benefit to members of eligible households. The programme currently has approximately 307,320 registered beneficiaries receiving cash grants, which is paid on a bi-monthly basis. Seventy-three per cent of registered beneficiaries are children. Children on the programme attending government schools and some government-supported pre-primary to secondary schools are also provided for under the Government’s School Feeding Programme. Some PATH beneficiaries also access a transportation allowance and post-secondary grants.
86. The Steps-to-Work Programme provides employment-related opportunities to working-age members of PATH households in an effort to build capacity and improve income. The Programme targets unemployed working age members of PATH eligible households (15 to 64 years), to provide the relevant support services such as Business Development Training and Support, Vocational Skills Training and Certification, Entrepreneurship Grant Initiatives, Job Readiness and On-the-Job Training.
Children: definition, general principles, protection (Recommendations 118.20, 119.35, 119.36, 120.24, 119.34)
87. The Office of the Children’s Registry (OCR) renamed the National Children’s Registry (NCR) –merged with the Child Development Agency (CDA) in November 2017 to form the Child Protection and Family Services Agency (CPFSA). It launched in 2015, the Break the Silence Campaign encouraging the public, especially children to report all known or suspected cases of abuse as well as to encourage adults and children to refrain from abusing children. The campaign included public awareness videos that often air on television, public service announcements on radio as well as print materials. The campaign was later expanded in 2016 to include a Break the Silence School Tour.
88. In August 2017 the Child Case Management System (CCMS) was launched with the aim to assess the needs of each child and his/her family, who access the services of the Agency. Family/Children’s Courts make decisions and provisions for the administration of the protection and well-being of children from birth to eighteen years. There are Children’s Officers tasked with representing the rights of children brought before these courts. The Agency continues to visit and make contact with police stations across its four regions, in an effort to determine and identify whether children were being held in police lock-ups and to provide interventions for children found to be in need of care and protection.
89. There are 54 Child Care Facilities island wide, nine (9) of which are managed and operated by the GOJ through the CPFSA. Over the years, the Agency has placed greater emphasis on Living in Family Environment (L.I.F.E) Programmes, as an alternative to residential care. LIFE Programmes enable children to live in familial settings even as they are in the care of the State.
90. The restructuring of the CPFSA has transformed it to a rights-based, child-oriented and more family focused entity. One which takes an integrated and comprehensive social support and child protection system, tailored to provide necessary resources, psychosocial interventions, and therapeutic support to families and children facing intersecting vulnerabilities. Its expansive approach takes into consideration the legislative framework that defines and protects children from a wide range of offences and forms of exploitation.
There is an emphasis on child rights and participation in decision-making by creating opportunities for children to self-advocate, especially in relation to their own care and protection.
91. CPFSA through the NCR, receives child abuse reports and refer to internal and external parties for action, as well as mobilising national response to the issue of missing children. Its work also entails the investigation of child abuse reports and provision of needs based intervention for these children and their families.
92. The CPFSA monitors detention centres to determine if children have been jailed and under what conditions. In addition to the visits made, the CPFSA team receives 156
notifications per year from the Police through a trice weekly Lock-up and Detention Report that prompts making contact with the Police to provide needed interventions. The report is reviewed by the Agency’s legal and field services team to take action regarding children in need of care and protection. The CPFSA articulates standards for children who are deemed in need of care and protection and is either on a Fit Person Order or a Supervision Order both of which is granted by the Court and are remanded to places of safety pending the decision of the Courts.
93. On 31st May 2018 the governments of Jamaica and the United States of America signed a Child Protection Compact (CPC) Partnership, to jointly support, enhance and exert more effective efforts to address child trafficking in Jamaica over the next four years.
94. There has been an amendment to the Trafficking in Persons (Prevention Suppression and Punishment) Act of 2007 in 2018, which has been expanded to include individuals who has either committed or facilitated the trafficking of children, or withholds, remove/destroys any travel document belonging to another person. It also includes clauses to pay restitution to the victim, provide them with protection to prevent them from being recaptured or becoming victims of reprisals. Anti-Child trafficking strategies were also developed to complement the law, such as the Jamaica Child Protection Compact (CPC), which seeks to improve capacity across the social sector; to identify and report child trafficking cases as well as to increase community programmes and services to rehabilitate and reintegrate children rescued from trafficking. A number of Children’s Courts are also equipped with audio-visual equipment that will allow for children to testify remotely without being in the presence of their captors.
95. The CPC works closely with the NATFATIP to help MDAs strengthen and implement standard operating procedures that complement one another and form the basis for a cohesive multi-sectoral response. The Office of the National Rapporteur on Trafficking in Persons (ONRTIP) collects data and reports on protective services provided to child trafficking victims.
96. Investigative services concerning children are received through CISOCA and the CPFSA served through a multi-agency approach to maintain children and family units. The CPFSA manages a first responder system for children and family affected by trauma, capable of responding to a plethora of situations and collaborates with various partners such as the Victims Service Division of the Ministry of Justice, CISOCA, and other agencies.
Interventions include psycho-social, material and emotional support to children and their families.
97. As a pathfinder country, Jamaica launched the Global Partnership to end Violence against Children at the Office of the Prime Minister in November 2016.
98. The National Plan of Action for an Integrated Response to Children and Violence (NPACV) was approved by Cabinet and presented to Parliament as a ministry paper in June 2019. It was launched in November 2019. This is a long-term strategic plan underpinned by a holistic rights-based approach focused on resolving challenges relating to children as victims, perpetrators and witnesses of violence in all forms.
99. The NPACV was informed by a multi-sectoral and agency consultative process that deals with the main issues and challenges relating to children and violence; the proposed responses to these problems; the processes of coordination; the level of collaboration that is required between and among partners; and how to maximize the use of limited resources.
Its strategies focus on building a “protective environment” for children, as well as creating responsive networks between appropriate agencies and information systems that will support this protective environment.
100. The NPACV provides for more comprehensive initiatives promoting positive and effective parenting strategies and an increase in services that offer behaviour modification interventions to both physically abused children and parents who resort to violence.
101. Similar social support services and family-based interventions are envisaged to support hospitals, courts and police stations island-wide, to ensure that there are suitable and sufficient initiatives to address the challenges related to corporal punishment and violence against children. The Inter-Sectoral Committee on Children and Violence was
