GE.15-08379 (E)
Human Rights Council
Working Group on the Universal Periodic Review Twenty-second session
4–15 May 2015
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 27 April 2015 Original: English
Introduction
1. Jamaica is pleased to present its report to the second 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 remains committed to the promotion and protection of all human rights. Jamaica will continue to cooperate with international treaty bodies in its quest to ensure that the rights and freedoms of Jamaicans are observed.
3. Jamaica’s review by the Committee on the Rights of the Child (CRC) took place in January 2015. Jamaica also submitted in March 2015, its fourth periodic report to the Human Rights Committee under the International Covenant on Civil and Political Rights (ICCPR).
Methodology/Consultation
4. This report was prepared by the Ministry of Foreign Affairs and Foreign Trade (MFAFT) in consultation with other members of the UPR/ICCPR Steering Committee including the Ministries of Justice, National Security, Health, Education, and Youth and Culture; the Child Development Agency (CDA), Bureau of Women’s Affairs (BWA), and the Office of the Public Defender (OPD). It outlines progress made by Jamaica since the first review in 2010.
Developments since the last review
5. The Government of Jamaica has embarked on a path of national transformation through Vision 2030 Jamaica’s National Development Plan (2009–2030). The Plan revolves around four (4) national goals: Jamaicans are empowered to achieve their fullest potential; the Jamaican society is secure, cohesive and just; Jamaica’s economy is prosperous; and Jamaica has a healthy natural environment.
6. In an effort to address the fallout in Jamaica’s economy as a result of the 2008 global economic recession, the Government entered into a borrowing relationship with the International Monetary Fund (IMF) in May 2013 viz a four-year Extended Fund Facility (EFF). The Government’s Economic Reform Programme has yielded positive results, including unemployment reduction, economic growth, reduced inflation, narrowing of the current account deficit and increased local and foreign investments. Jamaica has so far passed seven consecutive quarterly reviews under the IMF’s EFF. The World Bank and the Inter-American Development Bank have also provided substantial support for programmes aimed at supporting Jamaica’s macroeconomic sustainability and strengthening the country’s path towards higher economic growth. Legislative support for the economic programme was provided through the passage of several pieces of legislation including The General Consumption Tax (Amendment) Act, The Tax Collections (Miscellaneous Provisions) Act and The Customs (Amendment) Act.
7. In an effort to ensure that the vulnerable in the society are protected, Jamaica’s first comprehensive social protection strategy was developed in 2013. The Strategy defines goals and objectives of an effective social protection system, and proposes a structured approach to interventions across the gamut of social welfare, social security and labour market initiatives.
8. In the midst of challenges, including fiscal constraints, the Government has worked to boost the economy, though, inter alia, road infrastructure enhancement with support from the Government of China. Having set a target of 30% renewable energy by 2030, the Government is collaborating with various private sector stakeholders on alternative energy programmes. Jamaica is also positioning itself to serve as a logistics hub.
9. The Government has established several new schools and upgraded many existing ones. Emphasis continues to be placed on early childhood education. More than 16,000 students in 27 institutions have received devices under the Government’s $1.4 billion
‘Tablets in Schools’ (Pilot) Project targeting 24,000 students and 1,200 teachers in institutions at various levels, from early childhood/pre-primary to teacher’s college.
10. The Government of Jamaica remains aggressive in its drive to reduce crime and violence including through social interventions, community programmes and more effective policing. The Jamaica Constabulary Force (JCF) has acquired new equipment and technology, established additional posts and increased recruitment. These efforts have been bearing fruit as Jamaica has registered a downward trend in serious crimes over the last five (5) years.
11. Jamaica remains vulnerable to the adverse impacts of climate change, particularly natural disasters such as hurricanes, which reverse valuable gains achieved over many years. For instance, as a consequence of a drought which Jamaica experienced during the summer months of 2014, the country recorded negative growth for half of that year. The primary foci of ongoing sustainable development activities are: increasing the resilience of the natural environment, climate change adaptation, institutional capacity-building, development planning and geospatial data management.
Human rights instruments (Recommendations 98.1, 98.2, 98.3)
12. Jamaica is party to seven of the nine core international human rights instruments.
Jamaica ratified the Optional Protocol to the Convention on the Rights of the Child (CRC) on the sale of children, child prostitution and child pornography on 26th August 2011; and, in 2009, passed a Child Pornography (Prevention) Act and a Sexual Offences Act, which address child pornography and child prostitution, respectively.
13. The Disabilities Act 2014 was approved by Parliament in October 2014. Jamaica will now consider the ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities.
UN special procedures (Recommendations 99.5, 99.6, 99.7)
14. The Government continues to assess invitations to human rights special procedures mandate holders on a case-by-case basis. Jamaica hosted a study tour in April 2015 of the Special Rapporteur on Violence against Women.
15. Jamaica has made significant progress in addressing many of the recommendations made by the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment viz paragraph 77 of his Report (A/HRC/16/52/Add. 3). Jamaica’s responses to those recommendations that are not covered in other sections of this report are included in Annex I.
Treaty reporting obligations (Recommendations 98.6, 98.7, 100.9)
16. Since this recommendation, Jamaica has taken steps to bring its reports up-to-date, and is currently working to complete outstanding reports. In order to improve its reporting procedures and compliance, the GOJ established an Inter-Ministerial UPR/ICCPR Steering Committee in 2012 to facilitate dialogue among stakeholders, including civil society representatives, on implementation of the provisions of the ICCPR and recommendations of the Human Rights Committee and the UPR. Individual Ministries, Departments and Agencies also conduct inter-Ministerial consultations on human rights reports under their respective purview.
17. The Government is contemplating technical assistance from the OHCHR and UNDP to implement treaty body recommendations.
18. Jamaica has 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 human and resource constraints can impede the timely submission of reports by developing countries like Jamaica. This is not to be construed as a lack of genuine interest or desire to abide by the reporting schedule, but rather a reflection of the real challenges faced by small countries like Jamaica, which we seek to address through steps such as those outlined above.
Implementation of UPR recommendations (Recommendations 98.35, 98.36)
19. Jamaica’s success in implementing many of the recommendations from the UPR and the various human rights treaty bodies has been facilitated by the kind assistance of key bilateral partners, many of which are mentioned in various sections of the report, as well as UN bodies and international development partners. Civil society and NGOs have also been consulted/engaged and have provided support for the implementation of a number of recommendations.
Women’s rights and gender equality (Recommendations 98.8, 98.9, 98.10, 98.11, 98.13, 98.14, 98.15, 98.16, 99.1, 99.11, 99.12, 99.28, 99.29, 99.30, 99.26, 99.27, 100.15)
20. Jamaica finalised a National Policy for Gender Equality (NPGE) in 2011. The Government continues to make significant strides in enhancing gender equality and empowering women and girls. According to a study conducted in 108 countries by the International Labour Organisation (ILO), Jamaica was ranked with the highest proportion of women managers globally – 59.3%. The study found that the number of women in senior and middle management positions has increased over the last 20 years, and that women own and manage over 30% of all businesses.
21. There have been notable achievements in the sphere of public decision-making with women accounting for 58.9% of workers in the public sector and 40.5% in the private sector. Jamaica’s Prime Minister is female. Twenty-one per cent of parliamentarians are female. Fifty-six (56) per cent of Permanent Secretaries are female. Of the nineteen (19) Heads of Diplomatic and Consular Missions, eight (8) are women. The Chief Justice of Jamaica, Director of Public Prosecutions, Solicitor General, Auditor General, Head of the Jamaica Defence Force Coast Guard, Children’s Advocate, Chief of State Protocol,
Commissioner of Corrections and a Deputy Commissioner of Police are women. Most of the senior positions in the Office of the Director of Public Prosecutions (DPP) and all the senior posts in the Attorney General’s Chambers are held by women. Men represent 59.5%
of the private sector and 41.1% of the public sector1.
22. A Joint Select Committee has been established to address female under- representation in Parliament, local authorities and other areas of public and political leadership. The Committee will recommend practical measures, including the use of temporary special measures, to correct the systemic gender inequalities which impact on women’s under-representation in these areas.
23. A National Strategic Plan of Action to Eliminate Gender-based Violence in Jamaica (NSPA-GBV) is currently being finalised as part of a strengthened effort to address gender- based violence in all its forms. It represents a comprehensive analysis of the causes and consequences of violence against women. The Plan of Action focuses on five (5) priority areas – prevention, protection, prosecution, punishment and redress, protocols for coordination and data collection. A Core Working Group (CWG), under the guidance of the Office of the Prime Minister (OPM), was established to operate as a stakeholder-monitoring body, charged with the responsibility of guiding and providing oversight for the revision and completion of the Plan. (Jamaica operates on the premise that ‘gender’ refers to both male and female. Hence the NPGE takes account of the concerns of men and women.) 24. The Bureau of Women’s Affairs (BWA) signed a Memorandum of Understanding (MOU) with the Ministry of National Security in September 2013, regarding the harmonisation of data categories to facilitate a proper assessment of the prevalence of gender-based violence. This will be done through a Crime Observatory, which will, inter alia, assist the Bureau in the collection of sex-disaggregated data to examine the relationship between victims and offenders as well as facilitate evidence-based policy- making and violence prevention activities. It should also be noted that the Bureau recently established a ‘Male Desk’.
25. The BWA conducted a baseline assessment of policing and prosecution of sexual offences in Jamaica, to establish the key hindrances to the successful policing and prosecution of sexual offences in order to end gender-based violence. Resulting recommendations were made regarding legislative, policy, policing and prosecutorial changes, aimed at ensuring that offenders are punished and that the trauma of the prosecution process for sexual assault victims is minimised. A gender-specific approach underpinned the evaluation of the problems and the proposed solutions.
26. As part of a CARICOM-wide initiative to end gender-based violence through strengthened and responsive State and civil society action, the BWA conducted a baseline assessment of policing and prosecution of sexual offences in Jamaica. The objective of the assessment was to establish the key hindrances to the successful policing and prosecution of sexual offences in order to end gender-based violence and to enhance the enjoyment of fundamental human rights. Resulting recommendations were made regarding legislative, policy, policing and prosecutorial changes, aimed at ensuring that offenders are punished and that the trauma of the prosecution process for sexual assault victims is minimised. A gender-specific approach underpinned the evaluation of the problems and the proposed solutions.
27. Various government agencies including the Bureau of Women’s Affairs (BWA), as well as NGOs, engage in social outreach programmes including the Schools Education Programme (SEP) in an effort to address gender-based violence (GBV). Hospitals, health
1 Source: Economic and Social Survey of Jamaica (ESSJ) 2013.
centres, police stations and the court system receive reports of cases of different types of GBV and record incidents. Public sector departments with responsibility for domestic violence, child abuse, sexual offences, etc. have also been making attempts to collect and analyse data.
28. The programmes include the following (see Annex for details):
• THE CENTRE FOR THE INVESTIGATION OF SEXUAL OFFENCES AND CHILD ABUSE (CISOCA), JAMAICA CONSTABULARY FORCE
• COUNSELLING AND THERAPY
• DOMESTIC VIOLENCE INTERVENTIONS
• LEGAL AID AND ADVICE
• HOTLINES
• PROGRAMMES FOR CHILDREN AND YOUTH
• The Bustamante Hospital for Children - CAMP Bustamante (Child Abuse Mitigation Project).
29. Jamaica continues to be engaged in the UN Secretary General’s UNiTE to End Violence against Women Campaign. This Campaign includes Public Service Announcements (PSAs), aired on local television and radio stations, featuring local artistes who advocate for an end to violence against women.
30. The Government continues to support the work of women’s NGOs through annual subventions for women in crisis including domestic violence. Nineteen community-based groups received $2.9 million to support income-generating activities for economic and social empowerment, under the Inspiring Change Initiative of the Bureau of Women’s Affairs. Work has commenced towards the development of a national shelter strategy for victims of gender-based violence. An advocacy campaign was launched in the last quarter of 2014 to promote awareness of the issue of violence against women and girls and other forms of gender-based violence. Cabinet has issued instructions to the Office of the Chief Parliamentary Counsel to draft sexual harassment legislation.
Justice and police reform (Recommendations 98.18, 98.19, 98.20, 98.21, 99.2, 99.3, 99.4, 99.31, 99.32)
31. The Justice Reform Implementation Unit was established in 2012 in the Ministry of Justice. This Unit consolidates, coordinates, monitors and supports the timely delivery of all justice sector reform initiatives and drives the long-term implementation of the Justice Reform Agenda. Several projects and programmes have been developed to ensure speedy and fair trials and improve the delivery of justice by the courts. A Criminal Case management pilot project has been implemented in four courts to encourage fair and speedy case resolution. Additional judges have been retained, who will be deployed on a rotational basis to a newly-established regional Supreme Court location. Legislation enabling additional judicial appointments has been enacted.
32. Several pieces of legislation have been proposed and/or passed by Parliament to ensure fair and speedy trials. The Evidence (Special Measures) Act (2012) allows for the use of video-recorded interviews and live audio-visual link evidence by vulnerable witnesses. The aim is to encourage the availability and increase the quality of certain evidence and facilitate the expeditious disposal of cases. The Committal Proceedings Act (2013) to abolish preliminary examinations and to introduce the process of committal proceedings whereby, to reduce delay and expense, a person's written statement, if it
satisfies certain conditions, will be admitted in committal proceedings as evidence to the same extent and effect as if such person had given oral evidence before the Resident Magistrate in the committal proceedings. Proposed legislation will address the expansion of the jury pool, the elimination of certain jurisdictional silos, such as introduction of trial delay standards for the disposal of summary cases, the requirement to give notice of intention to rely on the defence of alibi and the imposition of discounted sentences where an accused pleads guilty.
33. The Court Management Services was established in August 2009 to strengthen judicial independence and enable the Judiciary and the Courts to have greater input in budgetary decisions and execution of activities surrounding the operations of the Courts.
This facilitates a more efficient operation of the Court System. In February 2014, Cabinet approved a Strategic Governance Framework for the Court Management Services, prepared with the assistance from the Canadian Government, which involves, inter alia (i) the establishment of an Advisory Board, chaired by the Chief Justice and with a majority of members appointed from the Judiciary, and with representation from the Bar and the Private Sector; (ii) the establishment of a new post of Executive Legal Officer in the Office of the Chief Justice to provide legal/administrative support to the Chief Justice; and (iii) the establishment of a new post of Chief Magistrate, to be the administrative head of the magistracy, reporting to the Chief Justice.
34. The Ministry of Justice has responsibility for the overall implementation and administration of the National Restorative Justice Programme. The goals of this Programme are to reduce criminal case backlog by diverting cases from the formal justice system and resolving conflicts at the community level. It encourages increased public confidence and trust in the justice system by fostering greater participation in and ownership of restorative justice processes by communities and victims. The Restorative Justice Programme has trained approximately one hundred and sixty (160) Restorative Justice Facilitators.
Currently, there are nine (9) restorative justice centres across Jamaica. During April 2013 and August 2014, the programme received forty eight (48) cases island-wide, primarily involving volatile communities.
35. The JCF is seeking to employ a more technology-driven approach to crime fighting.
The Government’s Forensic Laboratory acquired ballistics comparison microscopes and DNA kits from the US Government. A polygraph centre was officially opened at the Police Academy in St. Catherine. The Government acquired additional vehicles in 2014 which will assist in crime-fighting efforts. These include eight forensic vehicles received from the US Government – five of which have been assigned to the JCF and three to INDECOM. As part of its thrust to reduce the use of deadly weapons in crime-fighting, the JCF has acquired 3,400 kits containing non-deadly weapons and restraints. These items represent the first tranche of a US$2.4 million donation from the United States.
Allegations of extrajudicial killings, unlawful use of force, ill- treatment or abuse by security personnel and INDECOM (Recommendations 99.15, 99.16, 99.17,99.18, 99.19, 99.20, 99.21, 99.22, 99.23, 99.24, 99.33, 98.23, 98.24)
36. 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.
37. The Independent Commission of Investigations (INDECOM) was established in 2010 in order to ensure that allegations of extrajudicial killings are investigated in a prompt
and effective manner. INDECOM receives approximately 600 complaints each year.
Approximately 2,000 investigations are currently underway. The Commission has recorded a downward trend in security force-related fatalities in 2014, compared to 2013. A 50%
decline was recorded at the end of 2014.
38. Since its establishment, there has been an increase in INDECOM’s budget from
$37.934 million Jamaican Dollars for the 2010/2011 Financial Year, to $342.587 million Jamaican Dollars for the 2014/2015 Financial Year. The staff complement was increased from 28 in August 2010, to 105 as at February 2015. The Commission commenced operations with one Office in Kingston (the Capital). Currently, it has two (2) additional offices in the parishes of St James (Western Regional Office), and Manchester (Central Regional Office), as well as two (2) satellite offices in St. Thomas (eastern Jamaica) and Westmoreland (western Jamaica).
39. The Government’s significant commitment has been complemented by, inter alia, the valuable assistance received from bilateral partners. (See Annex for details).
Conditions in prisons and detention facilities
(Recommendations 98.12, 100.18, 100.19, 99.8, 99.9, 99.10)
40. Efforts continue to prevent overcrowding in prisons and detention facilities. A multi- stakeholder committee, led by the Ministers of National Security and Justice, is reviewing the detention system and developing a strategic response to the issue of the treatment of persons in lock-ups and correctional facilities, including the necessary infrastructural modifications. The following issues have been identified for action by the committee, which will report its recommendations to Cabinet later this year:
(a) Reduction of over-crowding in lock-ups and prisons, through process improvements and law reform;
(b) Review of the current Lock-up Administration Policy, to address issues relating to training, professionalism and accountability of officers who interface with persons in custody, and to address issues relating to persons in custody who have special requirements e.g. children, persons suffering from mental health issues etc.;
(c) Examination of the infrastructure and logistics of detention facilities.
41. The Government is firmly committed to improving existing conditions to satisfy international human rights standards in the operation of lock-ups and correctional facilities;
however, the chief obstacles to this goal include the outdated physical infrastructure of the lock-ups and prisons and the inadequacy of human and financial resources to supervise and operate lock-ups and prisons.
42. Notwithstanding these challenges, some improvements have been effected in the past two years:
(a) The number of juveniles in correctional or remand facilities has been reduced by 42% from 446 in 2012 to 259 presently. In addition, female juveniles have been moved from three facilities (two of which were also adult facilities) into one;
(b) The number of persons in police custody decreased by 25% in 2014, resulting in a system-wide 50% reduction in overcapacity;
(c) Police fatal shootings are down by 45% – year to date, and all JCF recruits now receive human rights training;
(d) The number of adults in correctional or remand facilities has been reduced;
(e) A re-classification exercise is underway to transfer inmates from maximum to medium security facilities;
(f) Plans are being made to construct a two-storey block at Tamarind Farm Adult Correctional Centre to house 304 low- and medium-risk inmates;
(g) A new 5,000-bed Correctional Facility will be constructed to house male and female inmates from the Fort Augusta, Tower Street and St. Catherine facilities.
43 Under the current system, most accused (charged) persons are held in police custody. The remainder are placed in the care of the Department of Correctional Services (DCS); at Horizon Remand Centre (adults), Metcalfe Street Secure Juvenile Centre (boys) and South Camp Correctional and Remand Centre (girls).
44. In police lock-ups, children are held in separate cells from adults. There are plans to construct stand-alone child-friendly holding cells in each Police Division. One such site has already been constructed in Bridgeport, St. Catherine. Three (3) additional sites have been identified for development in St. Ann, St. Elizabeth and St. James. An additional four (4) sites will be identified, once the aforementioned are complete. The removal of children from adult correctional centres is complete.
45. In 2013/14, Social Workers assigned to the Child Development Agency made 1,001 telephone contacts and visits to police stations island-wide to identify children in lock-ups and make necessary interventions. Some interventions involved the removal of children from lock-ups and making contact with family members. The team of Social Workers is also mandated to visit the sites where children are being held and to ascertain if their human rights are being upheld, and if not, to take action as necessary to restore such rights.
46. The CDA also undertakes a weekly review of the Detention and Courts Report which is received from the Police and carries out interventions to address issues, such as removal of children with apparent behaviour management problems, and children in remand in need of care and protection. As at 30th June, 2014, 921 children were released to the care of parents/guardians by the Courts on Supervision Orders, which have a life span of one to three years. These children are assigned and supervised by a CDA Social Worker.
47. Non-custodial sentences, e.g. Probation Orders, Suspended Sentence Orders and Community Service Orders are increasingly being used to stem over-crowding in prison and detention facilities. Approximately half of the total number of cases involving children is resolved via non-custodial sentences, resulting in a decline in the number of children in correctional facilities. Following a 2011 review of the parole system, it was decided to undertake a comprehensive review of the Parole Act and submit the recommendations to Cabinet for approval. Consultations are currently being held with stakeholders; it is anticipated that Cabinet will receive the submission during 2015.
Sexual exploitation and trafficking in persons (Recommendation 98.17)
48. Established in 2005, the Cabinet-appointed National Taskforce Against Trafficking in Persons (the Taskforce), continues to operate as an inter-ministerial group (with limited NGO membership), whose core emphasis is the prevention and suppression of trafficking in persons, 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. The Taskforce holds quarterly meetings with civil society groups and NGOs that are not members of the Taskforce.
49. During 2012/13, 255 raids were conducted, six (6) cases detected and thirty-nine (39) victims rescued; three (3) TIP cases were suspected; seven (7) investigations launched and four (4) arrests made. The Government also heightened collaboration with the hotel and tourism industry and increased raids on high-profile hotels and nightclubs with reported reputation for facilitating commercial sex acts. The TIP Unit of the JCF reported that there were twenty seven (27) new investigations of TIP cases, twenty six (26) of which involved sex trafficking and one, forced labour. Several cases are before the Courts.
50. A victim shelter has been established and guidelines for the Operation of Care Shelters for the Victims of Human Trafficking were adopted in 2008. There is also a pool of approved places of accommodation for TIP victims in Jamaica.
51. Since 2012, the Taskforce has increased the number of initiatives it has implemented. Jamaica approved the National Plan of Action to Combat Trafficking in Persons 2012-2015 which adopted the guiding principles of the Global Plan of Action of the United Nations. The Taskforce Secretariat supports and monitors the implementation of the Action Plan, which includes the development of an Anti-Trafficking Policy; further strengthening of law enforcement capacity; increasing awareness among the Judiciary regarding the prosecution of human traffickers; the development of Standard Operating Procedures for detectives and prosecution personnel and increased public awareness.
52. Public education materials, including erected billboards, were also received from the US Army’s Military Information Support Team (MIST) in 2013. In 2013 and 2014, the Taskforce conducted school tours, facilitated by UNICEF, on identifying and preventing trafficking in persons and assistance available to victims; and hosted public forums and an outside broadcast on a national radio station. The Taskforce provided the Ministry of Education with a Trafficking in Persons curriculum, designed for secondary school students, that promotes greater awareness of TIP as a global crime and helps students and teachers understand how they can assist in identifying and preventing human trafficking and help in reducing students’ vulnerability to human trafficking. Advertisements, news releases, media interviews and news forums are regular tools used by the Taskforce in its public education campaign.
53. 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 July 2013) to the Trafficking in Persons (Prevention, Suppression and Punishment) Act to allow for:
(a) Increased penalty from ten (10) to twenty (20) years, commensurate with the punishment for offences such as forcible sexual assault;
(b) Expanded definition of “exploitation” to include carnal abuse and rape; as well as to include circumstances where a person is kept in debt bondage;
(c) Restitution to be ordered by the Courts in proceedings where a person is convicted of trafficking in persons.
54. Consideration is also being given to establishing regulations to allow for the development of protocol/guidelines for the referral of TIP victims to protection and rehabilitation services as well as the safe and voluntary repatriation of TIP victims.
55. There has been increased sensitisation and training to maximise victim identification, assistance, treatment and protection of victims in order to create greater awareness and understanding of TIP-related matters. In 2013, fifty (50) persons from various Government agencies participated in a USA Department of Homeland Security
training course on TIP/Child Exploitation/Forced Child Labour, which focused on sharing best practices related to investigation, prosecution, and victim-identification and assistance.
In 2014, eighty-eight (88) public servants, including judges, were trained in human trafficking. Additional training and sensitisations are planned for2015.
Human rights education/promotion (Recommendations 98.4, 98.5, 100.16)
56. At the primary and secondary levels, human rights education is infused in the national curricula (primarily Social Studies) as well as in the Health and Family Life Education Curricula. Supplemental materials are also produced and distributed to schools.
Guidance Counsellors also make/facilitate presentations to schools, Parent/Teachers’
Associations and community meetings. All levels of teacher-training include human rights education, and pedagogical materials in primary and secondary education conform to human rights principles. Specific topics covered include “the rights of the child”,
“employers’ and employees’ rights and responsibilities”, “consumer protection”, and
“people’s rights and responsibilities and consequences related to violations of such rights”.
The Jamaican media and civil society have also been instrumental in sensitising the public to the importance of respect for human rights.
57. All members of the JCF are trained upon entering the Force, in the fundamental rights and freedoms of individuals that are enshrined in the Constitution, most importantly the right to life. Training of JCF officials engenders fair and impartial treatment of all individuals, sensitivity to gender, sexual, and religious factors, with an awareness of cultural diversity and discrimination. JCF trainees are exposed to contemporary legislation and best practices that promote the fair and impartial treatment of all as espoused by the Charter of Fundamental Rights and Freedoms (2011). Relevant policy documents that form part of the JCF’s training programmes include: Police Public Interaction Policy and Diversity Policy, 2010; Police Use of Force Policy & Judges’ Rules; Charter of Fundamental Rights and Freedoms, 2011; Sexual Offences Act, 2009; and Domestic Violence Act, 1996.
58. JCF training also includes more than eight (8) hours of practicum in human rights and at least three full days of para-professional counselling training conducted by members of the Psychology Department of the Northern Caribbean University. This practical training has engendered a more positive perception of the Police by the public. In 2014, the JCF participated in a series of training and discussion fora conducted by the International Committee of the Red Cross.
59. The Right to Life is further highlighted and emphasised in the “Use of Force Policy”
of the JCF, which follows the principles outlined by the relevant UN bodies. Human rights are covered in briefings and debriefings for all operations conducted by the Police, whose members are re-certified bi-annually in the use and care of service firearms, during which the principles of the “Use of Force” Policy are reiterated. In cases where a JCF member uses deadly force, an administrative review and a criminal investigation are conducted separately. The policeman/woman involved is removed from front-line and operational duties pending the outcome of the review/investigation. The administrative review determines if JCF policy was followed, and assesses the adequacy of training and supervision. Where breaches are detected, appropriate disciplinary action is taken, which may result in interdiction, suspension or expulsion.
60. Training opportunities are undertaken annually/systematically for police officers in the use, care, handling and maintenance of weapons and less lethal options; including constant emphasis on safe encounter training. In November 2014, 25 JCF trainers were
certified through participation in a US Government-sponsored “Train-the-Trainer Less Lethal Option” course. These trainers are currently delivering training in the use of less lethal options. The JCF acquired 3,500 state-of-the-art less lethal kits distribution to front- line officers on completion of training, and the goal is to eventually equip all front-line officers with these kits.
61. The JCF’s team of trainers is highly qualified. Trainers are also drawn from other government agencies and NGOs, including: the Judiciary; Office of the Director of Public Prosecutions; The Centre for the Investigation of Sexual Offences Child Abuse (CISOCA);
Northern Caribbean University (Psychology Department); University of the West Indies;
Jamaicans for Justice.
62. Preparatory work is underway to introduce the wearing of body cameras by police officers on operations to ensure greater level of accountability and transparency in these operations.
63. The JCF’s Diversity Policy, implemented in 25thAugust 2011, aims to eliminate all forms of discrimination and inequitable treatment toward members of the public, and guides members of the police force in their professional dealings with persons of particular groups, including lesbians, gays, bisexuals and transgender persons (LGBTs). The objectives of the Policy include:
• Fostering public confidence by demonstrating fairness, integrity, tolerance and understanding in dealing with all sections of the community;
• Demonstration of commitment, value and support to every individual by seeking to eliminate all forms of harassment and unfair bias;
• Providing the necessary support and referral to victims of crime and violence, regardless of the affiliation (individual or group) of the complainant;
• Elimination of fear of individuals from diverse groups of reporting crime and violence;
• Ensuring the provision of high quality, professional policing services to ALL members of the public.
64. There is also ongoing dialogue involving the Police and members of the LGBT community.
65. The Commonwealth Secretariat has been asked to facilitate human rights training for the Judiciary, Prosecutors, Clerks of Court and Ministry of Justice officials, in order to increase awareness of human rights obligations under various international agreements;
explore best practices in the interpretation and use of international Conventions to address matters of human rights infringement; facilitate identification of breaches of human rights and build capacities for a rights-based approach in the development of legislation and policy.
National Human Rights Institution (NHRI)
66. The Government is actively pursuing the establishment of a National Human Rights Institution (NHRI), and is considering a hybrid model, having regard to current accountability and oversight mechanisms; resource levels/challenges; and the fact that Jamaica already has an effective, extensive network of institutions mandated to protect the rights of Jamaicans. Initial consultations were held between the Government and the Commonwealth Secretariat in 2014 and plans are in train to establish a NHRI by expanding
the role and functions of an existing entity. The Ministry of Justice began collaborating with the UNDP in January 2015 on the pre-establishment phase of the NHRI.
Crime and violence (Recommendations 98.32, 98.22)
67. In an effort to enhance the security of its citizens, the Government has implemented a series of measures aimed at reducing serious crimes. These include increasing Police recruitment; acquiring new vehicles and equipment; opening new police posts; and merging the Island Special Constabulary Force (ISCF) and the JCF, which resulted in more police personnel directly engaged in front-line duties. The JCF’s Major Organised Crime and Anti-Corruption Taskforce and Anti-Corruption Branch were merged to enhance efficiency in crime fighting. These and other concerted efforts contributed to a 17% decline in serious and violent crimes in 2014, over 2013.
68. In terms of legislation, the anti-lottery scamming law was passed in 2014, and netted more than 600 arrests and several convictions. The Criminal Justice (Suppression of Criminal Organisations) Act (aka “Anti-Gang legislation”), which came into effect in April 2014, makes provisions for the disruption and suppression of all criminal organisations (gangs); targets leaders of criminal organisations and criminalises their conduct. Parliament also approved the Criminal Records (Rehabilitation of Offenders) (Amendment) Act 2014, which will reduce the period for which persons convicted of misdemeanours can have their convictions removed from the criminal records.
69. A data system to facilitate the operation of the Sex Offenders Registry was also completed in 2014. Under the Sexual Offences Act, persons convicted of certain specified offences including rape, abduction and the sale or trafficking of persons, must be included in the Sex Offenders Registry. The Department of Correctional Services will monitor the sex offenders.
70. The Government has also been focusing on community renewal. Under the Unite for Change Initiative, introduced in 2014, a series of interventions in violence-prone communities have been undertaken. These include football competitions, outdoor church services and increased community policing to engage residents in peaceful and recreational activities. Unite for Change adopts a three-pronged ‘public health’ approach to reverse the violence epidemic, i.e.:
(a) Interrupting transmission;
(b) Preventing future spread; and (c) Changing group norms.
71. A ‘Stay Alert’ app allows persons to send photos and videos to the Police and alert them in times of crisis. Unite for Change has been credited with reducing murders and serious crimes so far in two communities in the island.
72. To enhance detection of crimes in public spaces, CCTV-surveillance will be expanded during the Financial Year 2015-2016. The necessary equipment has already been installed in four Parish capitals: Mandeville, May Pen, Montego Bay and Half-Way-Tree.
73. Under Phase III of the Citizen Security and Justice Programme (CSJP), another peace-building initiative, the Government is seeking to provide job skills and entrepreneurship training for vulnerable groups, particularly at-risk youth and women.
Citizens will also have better access to justice, through victim support services, dispute resolution, child diversion and public education on justice-related rights and services. The programme has already begun to bear fruit as violent crimes have been reduced by more than 25% in CSJP communities.
74. The Government has also been partnering with the Jamaica Umbrella of Group of Churches to reduce crime in communities, and has received support from bilateral partners such as the United States Agency for International Development (USAID).
2010 Operation in West Kingston (Recommendation 100.17, 99.25)
75. Following an investigation into the Tivoli incursion by the Office of the Public Defender, a report was submitted in April 2013, and tabled in Parliament on 1st May 2013.
Among the recommendations was the establishment of a Commission of Enquiry into the activities, circumstances and other issues related to the Tivoli incursion. The Government accepted the recommendation of the Public Defender for the setting up of a Commission of Enquiry, and proceeded with public consultation in drafting the Terms of Reference (TOR) for the Commission.
76. The revised TOR was subsequently approved by Cabinet. The Governor General appointed three Commissioners with the required experience and skill in order to ensure a fair and impartial enquiry that will enjoy the confidence of the public. The Commissioners which were appointed are:
(a) Sir David Simmons, QC (Chairman) – Retired Chief Justice and Former Attorney General of Barbados;
(b) Hon. Mrs. Justice Hazel Harris - Retired Judge of the Court of Appeal of Jamaica; and
(c) Professor Anthony Harriott - Senior Lecturer in the Department of Government, University of the West Indies.
77. The Commission of Enquiry, which is currently underway, began its work in December 2014. It is anticipated that the work of the Commission will be concluded in 2015. The proceedings are broadcast on national television.
Protection of vulnerable groups (women, children and persons with disabilities) Recommendations 98.37, 99.13, 99.14)
Children
78. Jamaica made an extensive presentation to the Committee on the Rights of the Child (CRC) in January 2015 which provides pertinent details on efforts to protect children. A summary of this presentation is outlined in the Annex to this Report.
Programme of Advancement through Health and Education (PATH)
79. The needs of the vulnerable remain a top 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 372,000 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.
80. In keeping with its overall objective of breaking the inter-generational cycle of poverty, PATH, operated by the Ministry of Labour and Social Security, has interventions in place which are geared towards improving the educational attainment of students. These include:
• Differentiated Payments (2008) – to improve the attendance level of students, especially boys, in secondary schools;
• Transitional Grants(2009) – to assist students to complete secondary school and to matriculate to accredited tertiary institutions;
• Tertiary Bursaries(2013) – for PATH students in 2nd to 4th year of University, awarded based on academic achievement;
• Transportation Allowance (2014) – to provide allowances to selected children to attend school on a regular basis, based on certain conditionalities;
• School Feeding – all PATH student beneficiaries receive free meals under the School Feeding Programme.
81. 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 & Certification, Entrepreneurship Grant Initiatives, Job Readiness and On-the-Job Training. Approximately 8,000 persons have benefitted from this Programme.
82. In March 2014, Cabinet approved the Jamaica Social Protection Strategy (SPS). The SPS is directly linked to Vision 2030 - Jamaica’s National Development Plan, and provides a framework for achieving its Outcome of Effective Social Protection. The Strategy provides a comprehensive and systematic framework for the delivery of social protection in Jamaica, embracing a life-cycle approach to social protection-related risks and vulnerabilities. For children, it seeks to “promote optimal development of all children in all spheres necessary to ensure their well-being, and enhance the potential for their eventual productive engagement in the labour market.”
83. The Government is currently developing a new National Poverty Policy and Programme in keeping with Vision 2030 – Jamaica’s National Development Plan. A Poverty Reduction Coordination Unit was established in the Planning Institute of Jamaica (PIOJ) to oversee this process.
Disabilities
84. The Constitution of Jamaica and the Charter of Rights and Fundamental Freedoms Act (2011), guarantees persons with disabilities, certain protections by the State.
85. The Disabilities Act 2014, approved by Parliament on 10th October 2014, seeks to promote, protect and facilitate the full and equal enjoyment of all fundamental rights and freedoms by persons with disabilities in education and training, employment, political office and public life, health care, housing and public transportation. It also promotes individual dignity and autonomy, including the freedom of choice and independence of persons with disabilities. Following the passage of the Disabilities Act, island-wide consultations were undertaken on the drafting of Codes of Practice and Regulations for members of the disabled community. The Codes of Practice set minimum standards
governing the treatment of persons with disabilities. The Regulations include fines to be charged for discrimination. A Working Group was established in 2014 by the Ministry of Labour and Social Security to determine the timetable for the establishment of a disability tribunal.
86. Other pre-existing measures in place to facilitate persons with disabilities include:
• Implementation of the National Policy for Persons with Disabilities (approved by Parliament in 1999);
• A Labour Policy whereby 5% of jobs in the public sector are reserved for the disabled, provided they possess the required qualifications;
• Empowerment Grants for disabled persons to undertake entrepreneurial activities in specified occupations and assistance with Adaptive Aids;
• Amendment to the Road Traffic Act to allow persons with physical disabilities to obtain drivers’ licences;
• Development of an electronic database of disabled persons; and
• A National Disability Awards Programme which recognises efforts to remove barriers and create access for persons with disabilities.
87. Under the existing 2010 IDB Technical Cooperation Project ATN/JF-11988-JA,
“Support to Improving the Lives of Persons with Disabilities”, the Jamaica Council for Persons with Disabilities (JCPD) is also able to better identify and target the disabled for social benefits through the establishment of a database that profiles individuals with disabilities. This will also enhance the existing framework of the Government to formulate policies and programmes for them.
88. Through grant-funding from Japan, the Ministry of Labour and Social Security will purchase assistive aids and conduct training for students of the Abilities Foundation, which provides vocational training for persons with disabilities. Under the Social and Economic Inclusion Project for Persons with Disabilities, an initial 250 persons with disabilities, who are benefitting from PATH, will receive training and employment.
89. The Government’s Early Stimulation Programme (ESP) currently serves 1,532 children from birth to eight years with various types of developmental disabilities. The ESP is concentrated in six (6) parishes, although children from across the island also benefit.
The Ministry of Education provides a grant for children serviced by the ESP, which prepares children for basic and primary school in the regular educational system. Through the ESP, 252 children with developmental disabilities have been mainstreamed over a three-year period (2012-2014). The ESP also provides support to 70% of parents from a lower socio-economic background as well as PATH beneficiaries. Parents are also supported through parenting workshops and support groups, and some parents also receive special Rehabilitation grants through the Ministry of Labour and Social Security (MLSS).
90. In keeping with the Disabilities Act, new schools being built under the Education Sector Transformation Programme (ESTP) provide for access by students with disabilities.
For students in older facilities, ramps are installed to facilitate easy movement. In-service workshops are also being conducted to help teachers to better understand the behaviour of disabled students and how they should be treated. A centre, recently opened in the parish of Portland, provides diagnostic, therapeutic and counselling services to children in that region. Plans are also underway to expand the programme to the western region of the island; this expansion will involve faith-based organisations and NGOs.
91. There is an existing network of approximately ten (10) grant-aided schools with 25 satellites (locations), which cater to children with special needs. Together, they serve more
than 6,000 children across the island. The following is a breakdown of special education institutions in Jamaica:
• 1 School for the Blind;
• 6 Schools for the Mentally Ill, with 21 satellites;
• 3 Schools for the Deaf with 4 satellites;
• 7 Government Units attached to host primary schools.
Private Institutions receiving Government Support
• 4 Private schools for the Deaf;
• 1 School for Children with Autism;
• School for Mixed Disabilities;
• 1 School for the Mentally Ill;
• 3 Schools for Children with Learning Disabilities.
92. While the Disability Act provides protection for these students, the inclusion of specific disability-friendly clauses to promote and protect the rights of these students is being contemplated in the revision of the Code of Regulations governing the education system. Other measures being put in place to ensure that all children with disabilities receive the best quality interventions and education possible, include the Draft Policy on Special Education, which is currently being reviewed, and the Child Find and Enrichment Initiatives, which are being implemented under the Education System Transformation Programme (ESTP). The Draft Policy on Special Education addresses a range of issues related to the protection of the rights and dignity of students with special needs as well as to the access, equity and quality in the provision and delivery of programmes and services.
The Draft Policy is to be submitted to Cabinet for its approval before the end of 2015.
93. A Special Education Curriculum that has been developed to support the teaching/learning process is being piloted until May 2015. The document will be finalised and ready for full roll-out by September 2015.
Health (Recommendations 98.25, 98.26, 98.27, 98.31)
94. Jamaica is seeking to renew its emphasis on primary health care to reduce the burden on secondary health care facilities. The Government has established four (4) Centres of Excellence as part of this renewal, to provide diagnostic, prevention and treatment services, and improve health centres island-wide. With grant-funding from the IADB, the Ministry of Health is about to embark on a ten-year primary health care development plan.
95. Work has commenced on addressing the financing challenges facing the health sector. With the assistance of key development partners, focus is being directed to identifying additional sources of revenue, as well as undertaking a comprehensive assessment of the health financing system and its effectiveness in ensuring adequate financial protection of vulnerable groups.
96. Efforts are also being made to revise the Strategic Plan on Safe Motherhood Programme (2007–2011). The focus on policy development, quality of care, surveillance and health promotion/education will be retained. A grant-funding agreement has been concluded with the EU to improve maternal and child health across the country, including the establishment of high dependency units for maternity care at five regional hospitals.
