4300th Meeting, 146th Session, Human Rights Committee (CCPR)
Date: 26 October 2026
Language: English
Transcript: https://transcripts.un.org/en/ccpr/4300
Transcripts available through this tool are created by using automatic speech recognition and are not official records nor official documents of the United Nations. Official records and official documents are available on the Official Document System of the United Nations.

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CCPR · Chair [0:02]:

Dear members of the Committee, dear delegation, good afternoon. I'd like to welcome you to the second week of 146th session of the Human Rights Committee. This is a meeting number 43,000, 4,300. It is a public meeting and being webcast. It is devoted to the consideration of fifth periodic report of Jamaica, submitted under simplified reporting procedure in 2025. Both lists of issues prior to reporting and the initial report are available on the website on the Committee. Today, we are pleased to welcome a cross-ministerial delegation led in Kingston by the Honorable Delroy Chuck, Minister of Justice and Constitutional Affairs, head of delegation, and in Geneva by Ms. Grace Anne Stewart-McFarlane, Permanent Secretary of the Ministry of Justice and Constitutional Affairs, alternate head of delegation. I will first give the floor to Honorable Delroy Chuck for a video recorded introductory statement. Thereafter, I give the floor to a member of members of the committee to pose their questions on the first half of the list of issues prior to reporting, i.e., issues 1 to 13. Your delegation will then have a 15-minute break to allow you to prepare your response to the questions posed by members. Thereafter, you will have one hour to respond to the questions posed to you. Furthermore, there will be time for follow-up questions and answers. At 1800 hours, I will adjourn the meeting. Without further ado, I will give now to give the floor to Honorable Delroy Chuck for video recorded introductory statement. You have the floor.


Jamaica · Minister of Justice and Constitutional Affairs; Head of Delegation [2:26]:

Mr. President, esteemed members of the Human Rights Committee, Excellencies, distinguished representatives, ladies and gentlemen. The Jamaican delegation is honored to participate in the 146th session of the Human Rights Committee for the consideration of our fifth periodic report under the International Covenant on Civil and Political Rights. Mr. President, this dialogue provides an important opportunity for Jamaica to reflect on the progress achieved when it presented its fourth periodic report in October 2016. Jamaica, therefore, welcomes this engagement with the Committee and looks forward to an open and meaningful dialogue on the continued advancement and protection of human rights in Jamaica. At the outset, I wish to address a major national disaster that occurred on the 28th October, 2025. Hurricane Melissa made landfall on the southwestern part of the island as a category five storm with sustained winds of 295 kilometers per hour. It was the first category five hurricane to make a direct strike on Jamaica in recorded history. And in matters of ours, it inflicted damage and losses estimated at 56.7% of our GDP. There were 45 hurricane related deaths and extensive damage, particularly across the western and south central parishes, affecting homes, schools, health facilities, public infrastructure, farms, businesses, and livelihoods. Official assessments reported that approximately 156,000 dwellings across six of the most severely affected parishes sustained damage, of which approximately 24,000 were considered total losses. Broader assessments of the built environment indicated that nearly 200,000 buildings were damaged or destroyed. A disaster of this magnitude has significant implications for the enjoyment of rights protected under the Covenant, beginning with the rights to life and security of the person. Its effects have been particularly severe for persons already heightened vulnerability, including children, women, older persons, persons with disabilities, low-income households, and families in rural and remote communities. The government's response has therefore sought to prioritize life-saving assistance, emergency shelter, food, water, health care, psychosocial support, and the restoration of essential services, while working to ensure that assistance reaches those most in need. The government formally declared the entire island a disaster area on October 29, 2025, facilitating an all-of-government response and the mobilization of emergency resources. Damage and household assessments were undertaken to guide the distribution of humanitarian and social protection assistance, while support continued to be provided to emergency shelters and affected communities in coordination with national, international, and civil society partners. As the response moved from immediate relief to recovery and reconstruction, Measures were introduced to support the repair and replacement of damaged homes, restore essential infrastructure and services, and assist affected households and livelihoods. These measures include shelter recovery grants, temporary and modular housing solutions, mortgage relief arrangements, and targeted assistance for vulnerable households. including citizens, especially senior citizens, and low-income families. There's also been the establishment of a National Reconstruction and Resilience Authority, NARRA, serves as a decisive time-bound mechanism to accelerate Jamaica's post-disaster rebuilding, converting policy into tangible outcomes for citizens in the aftermath of Hurricane Melissa. Its implementation is intended to accelerate approvals and execute timelines without compromising transparency or governance. At this juncture, I wish to convey deep appreciation to our bilateral, regional, and multinational partners, as well as our Jamaican diaspora, and the thousands of individuals and organizations which provided assistance to support our recovery and rebuilding efforts. It is to be noted that recovery and reconstruction remain ongoing and will require sustained national effort and international cooperation. For our part, we remain committed to pursuing recovery process that restores affected communities, protects the dignity and rights of those mostly affected and impacted, and strengthens Jamaica's resilience to future disasters. While we are building the Jamaica that must withstand the storms of tomorrow, national action must be matched by international action to address the vulnerabilities with which small island developing states, such as Jamaica, are confronted. As noted by the International Court of Justice in its landmark advisory opinion on obligations of states in respect of climate change in July 2025, states have an obligation under international human rights law to respect and ensure the effective enjoyment of human rights by taking necessary measures to protect the climate system and other parts of the environment. In this regard, we urge developed countries to revive the goal of limiting greenhouse gas emissions to 1.5 centigrade above pre-industrial levels. Climate finance must become more accessible, affordable, and predictable. To achieve this, the international financial architecture must financially recognize what SIDS has long said, income alone does not and cannot measure vulnerabilities. We are therefore continue to advocate for measures that go beyond GDP, including a multi-dimensional vulnerability indices in determining access and development finance. This is critical if states such as Jamaica are to develop, thrive, and respond to crises in a resilient manner, which would, in turn, enable them to promote and protect the human rights of their citizens. In terms of our constitutional framework, it is recalled that the protection of fundamental rights has been part of our constitution since 1962, and was strengthened by the Charter of Fundamental Rights and Freedoms in 2011. The government is now advancing a process of constitutional reform, which includes the transition towards a republican form of government. As part of this process, the second phase of constitutional reform will contemplate a review of the Charter, which provides a valuable opportunity to reflect on the evolution of its human rights framework and to consider measures that may further enhance its protection of fundamental rights and freedoms in respect of the right to life and security of the person. We continue to confront the serious challenge of violent crime, whilst pursuing measures to strengthen public safety and ensure that our response remains firmly grounded in law, accountability, and respect for fundamental rights. Jamaica recorded 1,406 murders in 2023. This was followed by a significant reduction in 2024, when 1,147 murders were recorded, representing a reduction of approximately 18%. The downward trend continued in 2025, with 673 murders recorded. the lowest annual figure in more than two decades, and a reduction of approximately 41% from 2024. And in 2026, the Global Peace Index ranked Jamaica the most peaceful country in the Caribbean. Whilst these developments are encouraging, Jamaica recognizes that every loss of life represents a profound human cost, and that sustained efforts are required to address the underlying causes of violence. Gang-related violence, which is fueled by organized crime, remains a significant contributor to Jamaica's homicide problem, with more than 70% of murders reported as being directly related to gangs. Jamaica's response is grounded in a comprehensive, legislative, and institutional framework. This includes the Criminal Justice, Suppression of Criminal Organizations Act, the Firearms, Protection, Restriction, and Regulation Act of 2022, the Bail Act of 2023, and the Zones of Special Operations, Special Security, and Community Measures Act. of 2017. At the same time, our response must also cross borders, given the transnational nature of organized crime. We therefore call for stronger cooperation in firearms trafficking and interdiction, intelligence and information sharing, financial instigators, and law enforcement capacity building. We also urge major arms exporting status to strengthen export controls and deliver verification at times. I will now briefly highlight developments in a few other areas since our last review. The Jamaica government continues to advance measures aimed at preventing and addressing corruption. while promoting ethical standards in public life. These include the 2017 Integrity Commission Act 2017 and the National Anti-Corruption Strategy in 2023, which provides a coordinated framework to strengthen integrity systems and support the prevention and detection of corruption across the public sector. In addition, The establishment of the Major Organized Crime and Anti-Corruption Agency as an independent agency in 2021 further strengthened Jamaica's capacity to investigate and address serious organized crime and corruption. With respect to the promotion of equality and non-discrimination, Jamaica has continued to make progress in promoting the participation of women in public life and decision making, as women currently holds a significant proportion of seats in both houses of parliament and occupy leadership positions across the public sector. And putting in place measures to address violence against women and girls, including through 2023 Sexual Harassment, Protection and Prevention Act. and the 2023 Domestic Violence Amendment Act. Jamaica has also taken steps to strengthen the protection and inclusion of persons with disabilities through the Disabilities Act 2022. Jamaica also remains committed to ensuring that children are treated with dignity, protected from violence, abuse, and exploitation, and afforded appropriate safeguards within the justice and child protection systems. Among the measures adopted in this regard are the 2023 Child Care and Protection Amendment Act, the 2018 Child Diversion Act, together with the National Child Diversion Program, and the Child justice guidelines, and related training and sensitization initiatives for justice sector stakeholders. As for trafficking in persons between 2017 and 2023, Jamaica initiated 321 trafficking investigations, prosecuted 40 individuals, identified 66 victims, and secured nine convictions. The legislative framework was further strengthened through amendments to the Trafficking in Persons, Prevention, Suppression, and Punishment Act, and the Office of the National Rapporteur on Trafficking in Persons continues to provide independent oversight and reporting on Jamaica's response. It is important to also highlight here that international and regional collaborations is indispensable to dismantling the criminal transnational networks driving this global scourge. In conclusion, Jamaica recognizes that the work of advancing and protecting human rights is continuous. As previously stated, and it bears repeating, as a small island developing state, Jamaica faces resource constraints, vulnerabilities to exogenous shocks, and serious security challenges, which are transnational in nature. These realities do not diminish our commitment to the rights guaranteed under the Covenant, to the rule of law, and to the continued strengthening of our national human rights framework. At the same time, however, Collaboration with our international partners is also essential for the advancement of human rights in Jamaica. We therefore look forward to your continued support in this regard. Mr. Chair, distinguished members of the committee, I thank you for your attention, and I look forward to a constructive and meaningful dialogue.


CCPR · Chair [19:53]:

Thank you very much, Honorable Minister Chuck. Now I will give the floor to Madam MacFarlane, alternate head of delegation. She wishes to make a brief introduction to her delegation. So you have the floor, madam.


Jamaica · Permanent Secretary, Ministry of Justice and Constitutional Affairs; Alternate Head of Delegation [20:13]:

Thank you, Chair. Good afternoon, Chair, distinguished members of the Human Rights Committee, ladies and gentlemen. As the head of delegation, the Honorable Delroy Chook, King's Counsel, Member of Parliament, Minister of Justice and Constitutional Affairs, indicated in his opening remarks, it is a great honor for the delegation of Jamaica to participate in the 146th session of the Human Rights Committee for the consideration of Jamaica's fifth periodic report under the International Covenant on Civil and Political Rights. Allow me to introduce the members of the delegation of Jamaica for this session. I am Grace Ann Stewart-McFarlane, Permanent Secretary in the Ministry of Justice and Constitutional Affairs, and alternate head of delegation. Next to me here, accompanying me, are the following members of the Jamaican delegation. Ms. Tasha Turner, Justice of the Peace, charged the affairs to the United Nations and other international organizations in Geneva, sitting right next to me. We also have Captain Natalie James, who is also a Justice of the Peace, Director of the Human Rights Policy Branch at the Ministry of Justice and Constitutional Affairs. Ms. Sherise Gale, who is a senior assistant attorney general of the Attorney General's team, boys. Ms. Tracy Ann Brown, policy manager at the Ministry of National Security and Peace. We also have Ms. Claudine Bailey, assistant attorney general of the Legal Services Unit in the Ministry of Foreign Affairs and Foreign Trade. Mr. Peter Bailey, Minister Counselor, Permanent Mission to the United Nations and other international organizations at Geneva. We also have Ms. Rachel Lee, Human Resources Officer at the Ministry of Justice and Constitutional Affairs, and Ms. Melissa Walker, First Secretary, Permanent Mission to the United Nations and other international organizations at Geneva. We express our sincere appreciation for the opportunity to engage in an open and constructive dialogue with the Committee as we continue to strengthen our policies, advance the promotion and protection of human rights, and ensure the effective enjoyment of civil and political rights by all persons in Jamaica. Thank you.


CCPR · Chair [22:53]:

Thank you very much, Ms. McFarlane. Now, we will move to the questions. First, I will give the floor to Mr. Carrazo.


CCPR · Member [23:08]:

Thank you very much indeed, Mr. Chairman.

Distinguished delegates, this Committee appreciates the submission of Jamaica’s fifth periodic report and your presence in person for this constructive dialogue. We must acknowledge that one year ago, on 28th October 2025, Jamaica was struck by a category five hurricane Melissa. Such disasters profoundly affect small island development states and their government's capacity to meet their fundamental needs. The suffering of victims extends well beyond the immediate catastrophe. undermining access to essential rights, including life, health, education, and adequate housing. We express our solidarity with the Jamaican people as they embark on national reconstruction. Recovery efforts must prioritize the fulfillment of human rights, supported by effective international solidarity and cooperation. We welcome the presentation of this report among these challenges and emphasize that recovery will succeed insofar as human rights remain at the center of all efforts. We look forward to this constructive dialogue, mindful of the need to protect the climate and the environment at all times, as has been mentioned. Despite important progress at the policy level, the effective and sustainable realization of rights in Jamaica remains elusive. Addressing persistent implementation gaps is essential to translating commitments into action. Jamaica continues to face human rights challenges, including longstanding shortcomings in fulfilling its obligations under the International Covenant on Civil and Political Rights. The Committee, this Committee, must assess, excuse me, compliance based on the objective, objectively measurable situation on the ground rather than the policy commitments alone. The present review offers an opportunity, considering the ongoing process of a constitutional reform, to establish a clear pathway towards full adherence to the Covenant's provisions. Now it change into Spanish.

Regarding issue 1 of the list of issues, what specific measures has the State taken to incorporate and to give full effect to the provisions of the Covenant in domestic law? Which rights remain without equivalent legislative protection? And what procedures are used to verify how compatible the laws that are in force are, and the draft bills, with the Covenant? As part of the constitutional reform process underway, the fundamental aim of which is to move from a monarchy system through to a republican system, and I fully share that goal, is the state planning to amend the Charter of Rights to define and expressly prohibit direct and indirect discrimination, both in the public and private spheres, and to include a clear definition of racial discrimination in all forms? As part of the current constitutional reform process, is the State planning to amend or delete the current constitutional safeguard clauses which run counter to provisions of the Covenant? What functions are you hoping the Office of the High Commissioner of the United Nations would play in terms of that process, what support? What progress has there been or grounds for inaction regarding the establishment of a standing governmental mechanism to coordinate the human rights mechanisms and to ensure follow-up to human rights recommendations together with civil society? What measures have been adopted to provide training to law professionals vis-à-vis the Covenant? Can provisions of the Covenant be directly invoked before the courts? Can you tell us why the Government is not planning to accede to the first optional protocol to the Covenant, which has been revoked since 1998? Have you considered how impossible it is for victims of human rights violations to access international bodies to defend them? Let me turn now to issue 2 and the National Human Rights Institution and existing mechanisms. Could you tell us about specific measures, the legislative framework, the resources allocated and the time frame planned for the creation of a national human rights institution that is independent and in line with the Paris Principles, or perhaps you could explain the reasons for any stagnation in that process? Has there been national consensus regarding the establishment of a national human rights institution? Can you tell us about consultations that have been held with the various stakeholders and with civil society actors? Similarly, What are you hoping for from the OHCHR as part of that process? Is there any provisional timeline for the creation or consolidation of the national institution, and could you provide any relevant details on that, please? Let me turn to issue 3 and corruption now. The Committee acknowledges the value and importance of the creation by law in 2017 of the Integrity Commission, and the fact that it is a parliamentary commission with the ability to investigate, prevent, and bring cases. We also welcome the assignment to the agency to combat corruption and crime in 2021 and the adoption of the National Anti-Corruption Strategy in 2023. Of course, it's not only important to create these bodies and policy therein, but also to ensure that the goals and objectives are met. Let me ask the following questions then.

Could the State Party say whether there is an aim to confer constitutional ranking on the Integrity Commission, and indeed its investigative procedures and judicialisation procedures? Next, from 2020-26, could you tell us the number of administrative cases that were started on the basis of accusations of corruption of high political officials and the number of them that went through the anti-corruption prosecution service? How many formal complaints have been submitted and what was the outcome of those? Could you specify such information? particularly regarding investigations initiated against the Prime Minister regarding construction contracts running from 2006 to 2009, as well as against a Senator and five MPs. Could you also talk about the investigation into these officials, has this been extended over time to ensure that they come to a satisfactory conclusion? As regard protecting whistleblowers, can you tell us what legal and administrative protection measures exist for whistleblowers? And what have the sanctions been against those people who have either hampered investigation or made threats? In order to ensure proper oversight of political campaign contributions, this is under the Representation Act 2016, do you feel that its oversight work is effective? Could you indicate the results of that act? particularly bearing in mind the 2025 political campaign, was there any oversight as to the contributions made prior to the electoral period? Have you published any of these reports of any contributions made to political campaigns? In your state party, you talk about the obligation to submit sworn declarations of any assets that people have and that may serve as a basis to define whether there's unexplained increase in such assets? Is it sufficient just to have the existing norms? Have there been administrative investigations carried out in that regard, or the legislation that has been handed down? Could you provide us with details and explanations on that? And finally, do you intend to update or reform your state secrets legislation? Many thanks, Chair, and thank you, distinguished delegation.


CCPR · Chair [33:55]:

Thank you very much, Mr. Carrazo. Now I’ll give the floor to Mr. Helfer.


CCPR · Member [34:11]:

Thank you, Chair, and my warm welcome to the delegation from Jamaica. Today, I will focus on issues 4 and 5. Beginning with issue 4, my colleague, Mr. Carrazo, has asked about constitutional reforms, including amendments to the Charter of Fundamental Rights and Freedoms. Please explain whether these amendments will explicitly prohibit discrimination on all grounds protected by the Covenant, including disability, ethnicity, sexual orientation, gender identity, and health status. In addition, will the State Party enact a comprehensive anti-discrimination law that prohibits such discrimination in both public and private settings? The Committee has received reports that the mechanisms available to challenge discrimination in Jamaica are viewed by victims as unlikely to provide effective relief. Please clarify what remedies for discrimination are available in practice, including by providing data on the number of discrimination complaints filed, the number and type of decisions issued, and the steps contemplated to improve the effectiveness of remedies for victims of discrimination. Turning to the criminalization of consensual same-sex relations, the State Party has received multiple recommendations, including during its recent UPR review and from other treaty bodies as well as this one, to repeal sections 76, 77, and 79 of the Offences Against the Persons Act. Although these laws are not actively enforced, Their mere existence inhibits gay men and lesbians from exercising their rights and creates social stigma in Jamaican society. Now, the Committee is aware that in Tomlinson v. Attorney General, the Supreme Court of Jamaica held in 2023 that the savings clause in the Constitution applies to the Offences Against the Persons Act. However, the court emphasized that Parliament can repeal the relevant sections of the act, which would bring the state party in line with the 2020 decision of the Inter-American Commission on Human Rights and with the evolving views of the public in Jamaica. In light of these developments, would the state party please indicate whether it has any plans to introduce a bill to repeal sections 76, 77, and 79 of the OAPA, to modify the savings clause to enable the laws to be challenged in court, or, at a minimum, to adopt an official policy of non-enforcement of the act against consensual same-sex relations? Turning to issue 5, the Committee has questions relating to several groups that have experienced violence, discrimination, or stigmatization. Beginning with persons with disabilities, the Committee welcomes the creation of the Jamaica Council for Persons with Disabilities and the Disabilities Rights Tribunal in 2022. We remain concerned, however, about the low number of complaints heard by both of these bodies. How does the State Party promote awareness among persons with disabilities and their advocates about the JCPD and the Tribunal? The Committee also commends the State Party for the adoption of the Disabilities Act in 2022. However, we note that access to essential services remains limited, especially in rural areas. For example, reports indicate that children with intellectual disabilities lacked access to school and health care, and that adults with disabilities continue to face significant barriers to employment. In light of these concerns, please explain how the government is fully implementing the Disability Act, especially in rural communities. The Committee regrets that the State party has not responded to its request for information on measures to address hate crimes, hate speech, and discrimination against ethnic and ethno-religious communities. Would the delegation please provide that information now? During its 2025 Universal Periodic Review, Jamaica indicated that it would consider several recommendations, including to enact a law that clearly defines racial discrimination, to amend the Offences Against the Person Act to include racially motivated violence, and to ensure in both law and practice the protection of ethnic and religious minorities. Please explain what steps are being taken to implement these recommendations. The Committee regrets that the State Party has not responded to its request for information on measures to combat hate crimes, hate speech, and stigmatization against persons on the basis of their real or perceived sexual orientation or gender identity. The Committee understands that in 2024 and 2025, there were 19 reports of physical assaults, discrimination, harassment, and displacement against LGBT Jamaicans. Of these 19 reports, victims contacted the police in only four instances. Further, a 2023 national survey conducted by the UN Development Program reported that 83% of LGBT respondents had faced violence due to prejudice and discrimination, 73% expressed fear of being assaulted, threatened, or harassed, and just over half reported knowing someone from the LGBT community who had died by violence during the last 12 months. Recalling that concerns about violence and stigmatization against LGBT persons have repeatedly been brought to the State Party’s attention, would the delegation please explain what concrete steps it is now taking or will urgently take to combat violence against LGBT Jamaicans, including increasing police responses to such attacks and providing appropriate remedies? Those are my questions for today, and I look forward to your responses. Thank you.


CCPR · Chair [40:23]:

Thank you very much, Mr. Helfer. Now I give the floor to Madam Abdulla Shah.


CCPR · Member [40:34]:

Thank you, Chair. And I'd like to echo the warm welcome extended to the distinguished delegation of Jamaica and the words of solidarity expressed by Mr. Carrazo because of the loss of life caused by Hurricane Melissa. My first question has to do with discrimination based on health status and persons living with HIV. This in follow-up to paragraphs 18 and 20 of the previous concluding observations. The Committee appreciates the fact that the State Party finances about 80% of its national HIV programme. Paragraph 37 of the report indicates that there is coverage that is broad for retroviral. It's above 80%. The Pan-American Health Organization puts it about 54%. Could the delegation therefore clarify this difference in the figures? Paragraph 33. talks about legislative gaps, quite apart from the comprehensive law that has just been mentioned by Mr. Helfer. According to information, most of these disclosures are not authorized, where we don't see the data protection law properly implemented. So what measures are in place to protect confidentiality and diagnosis in these forms? What protection do LGBT persons get who are living with HIV? What are they able to benefit for in terms of protection, as well as women and girls who acquired it through sexual violence, including timely access to post-exposure prophylaxis? The national workplace policy, I'd like to know if it's binding on private employers as well. According to paragraph 36, complaints under the Jamaica HIV anti-discrimination system are processed through a civil society organization. How many complaints have been received since 2016 and with what outcomes? What difficulties does the system have? particularly regarding redress, including from public bodies. How have you ensured continuity of treatment, and how has that been ensured since the hurricane? I also have a question on state of emergency. According to paragraph 28 of the previous concluding observations and general comment 29, we acknowledge the State party's efforts to address violent crime, and we take note of the significant reduction in murders highlighted by the head of delegation in the opening statement. These challenges are very much real. The Committee would recall that article 4 of the Covenant permits derogation only when the very life of the nation is under threat, and to the extent strictly required by the demands of the situation. Paras 88 and 98 of the report state that no fundamental right is suspended during a state of emergency. However, neither the report received in November 2025 Nor the opening statement mentions the judgment of the Constitutional Court of May of that year, which declared unconstitutional the 24 states of emergency proclaimed between 2018 and 2023, and found that certain successive proclamations in 2022 circumvented parliamentary oversight. We welcome the fact that there haven't been recent states of emergency, we welcome that. But what measures have been taken in the meantime to give effect to the judgment that was handed down? If no right is suspended, on what basis are preventive detention on mere suspicion and warrantless searches authorized? If, on the contrary, there was a derogation from obligations under the covenant, was the notification provided for in Article 4, paragraph 3, and was that submitted? How many persons were detained under emergency regulations, for how long, and how many were charged or released without charge? Could you also provide comprehensive figures on these detentions, particularly how many, as I said, were charged or released? How many detention orders did the Emergency Powers Review Tribunal examine, and how many releases did it recommend? Was that followed by some form of reparation? And what about redress for anyone affected by measures declared unconstitutional? Does the State party intend to amend the Emergency Powers Act to bring it fully into line with Article 4? Many thanks, Chair, and many thanks to the delegation.


CCPR · Chair [45:44]:

Thank you very much. Now I will give the floor to Madame Sullan.


CCPR · Member [45:52]:

Yes, Chair, thank you. I would also like to extend a warm welcome, I apologize, to the delegation of Jamaica, and I will begin with issue 7. At the outset, the Committee notes that Jamaica has made progress towards advancing equality between women and men. We note that the target of 30% representation of women recommended in the national policy for gender equality has been reached in Parliament and in a number of public institutions. Could the delegation indicate whether the government intends to continue its efforts to achieve at least 30% representation of women in other public institutions, including the judiciary, as well as in the private sector? Has the government also considered establishing a more ambitious target and adopting additional measures to move towards parity in political and public decision-making, including at senior levels of the public service, at the local level, on public boards and commissions, and in the private sector? In this regard, could the delegation also explain what measures are being taken to address the continuing underrepresentation of particular groups of women, including rural women, women with disabilities, and other women facing multiple or intersecting forms of discrimination? What progress has been made in reviewing and amending the Employment Act of 1975? And how does the State Party intend to ensure that national legislation fully incorporates the principle of equal remuneration for men and women for work of equal value? We have been informed that gender stereotypes persist, particularly within family life and relationships, and may continue to reinforce unequal roles and responsibilities. for women and men. What concrete measures is the Government taking to challenge and eliminate these stereotypes, and how does it assess their impact on achieving substantive equality between women and men? Now I will turn to issue 8. We commend Jamaica for the amendments to the Domestic Violence Act adopted in 2023. which strengthens the legal framework for the protection of victims of domestic violence. We would now welcome an update on the progress made in the comprehensive review of the Act initiated in 2024, including the timeline envisaged for their implementation. Could the delegation confirm that proposed amendments to this legislation seek to close present gaps by expanding the relevant definition to include psychological, emotional, and sexual violence? Could the delegation also explain what challenges or obstacles, if any, have affected the completion of the review and the adoption of any further legislative amendments? What plans does the Government have to amend the Sexual Offences Act, particularly with a view to strengthening the legal framework on marital rape? including by revising its definition and ensuring adequate protection for all victims, as well as sexual violence in same-sex relationships? The Committee notes the establishment of the Sexual Harassment Tribunal and reported progress in processing complaints. Could the delegation provide information on the outcomes of complaints, including the number resulting in substantive findings and effective remedies? What safeguards ensure the tribunal's independence, impartiality, accessibility, and protection of complainants against retaliation, particularly for persons facing intersecting forms of discrimination? Furthermore, will the State Party publish regular anonymized data and undertake awareness-raising initiatives to improve public understanding of the tribunal's mandate, procedures, and available remedies? The Committee notes the training activities mentioned in the State Party’s report. Could the delegation clarify which categories of personnel have received this training and whether it has included prosecutors, judges, and law enforcement officials? What measures have been taken or are planned to strengthen training and awareness-raising among these professionals on preventing and addressing sexual harassment ensuring a gender-sensitive approach and protecting women's rights. Turning to issue 9, we note the State Party's position that no recent amendments have been made to its legislation concerning abortion and maternal mortality. The Committee has previously recommended, in its concluding observations, that Jamaica review and amend its abortion legislation. In the present list of issues, the Committee has sought information on the decriminalization of voluntary termination of pregnancy, particularly in cases where the pregnancy results from rape or incest, or where pregnancy is not viable. In this regard, we recall the Committee's interpretation of article 6 of the Covenant in general comment number 36, paragraph 8, which makes clear that restrictions on access to abortion must not jeopardize the right to life or other Covenant rights of pregnant women and girls, and that State parties should ensure safe, legal, and effective access to abortion in the circumstances specified therein. Could the delegation explain the main legal, institutional, and practical obstacles to ensuring effective protection of the rights of women and girls facing unwanted pregnancies, particularly those resulting from rape or incest, as well as girls who become pregnant as a result of sexual abuse? What concrete measures is the State Party taking to reduce maternal mortality and morbidity associated with unsafe abortion, and does it envisage reviewing its legislation to ensure compliance with the Committee’s recommendations and requirements of the Covenant? What measures are in place to provide comprehensive medical, psychological, social, and financial support to women and girls who have been compelled to carry pregnancies to term, including pregnancies resulting from rape or incest, despite the risk to their physical and mental health? What measures ensure that women and girls who give birth as a result of rape or incest are not left to bear the financial and caregiving responsibilities alone, and that any maintenance or other legal proceedings do not expose them to further intimidation, retaliation, or trauma. We take note of the State Party's efforts to provide emergency contraception, including to survivors of sexual assault. However, we would like to clarify that emergency contraception is intended to prevent pregnancy; it does not terminate an established pregnancy. Could you please provide quantitative information on the reach and substantive impact of the Live Life Before You Give Life campaign and other sexual and reproductive health education programs, including the number of adolescents reached, the extent to which programs target girls under 16 and out-of-school youth, and any measurable changes in reproductive health knowledge, contraceptive uptake, and adolescent pregnancy rates? What measures have been undertaken to provide same-sexual and reproductive health education and access to contraception outside urban areas? Could you please clarify the practical arrangements under which girls under 16 may access contraception, emergency contraception, confidential counselling, and other reproductive health services, including the applicable consent requirements and safeguards protecting their privacy and best interests. In your report, you have informed us of a number of health care infrastructure projects. What steps has the Government taken to ensure that women and girls in rural communities have access to health services, particularly in those facilities that have been renovated and equipped with modern medical equipment? These are my questions for now. Thank you.


CCPR · Chair [54:38]:

Thank you very much. Now I will invite Mr. Ndinya. You have the floor.


CCPR · Member [54:46]:

Thank you, Chair. I would also like to extend a warm welcome to the delegation from Jamaica. It's not just a country of Usain Bolt and Bob Marley, of course, but Wilson, who was my colleague in the Truth and Justice Commission in '95 for Haiti, the chair. of the International Court on former Yugoslavia. I would like to start addressing issues which have to do with right to life, paragraph 11 and 12.

Use of force and planned operation. The report, paragraph 89, says: "The legal framework is generally aligned with the basic principles on the use of force and firearms without any formal assessment. Meanwhile, fatal shootings by security forces rose from 86 in 2019, 189 in 2024, and 311 in 2025. Planned operations account for 12% of these deaths, in 2019, 40% in 2024, and 51% by 31st of July 2025. INDECOM's October 25th report found a rise of 591% rise in deaths in plant operation between 2021 and 2024. Jamaican constabulary force, human right use of force and firearm policy been formally assessed against the basic principle and the UN guidance on less lethal weapons. Could the findings be shared with the committee, and does the policy apply equally to the policing of assemblies? How does the state party explain the contrast between the historical fall in murders in 2025, the lowest level since 1994, and a record people of 300 people fatally shot by the security forces out of which is out of a population of 2,800,000 people, and much more certainly that the 45 victim of Hurricane Melissa. What assessment has been made of whether the lethal force used was necessary and proportionate in that context, given the commissioner's statement that fatal shootings represent less than 0.3% of police-citizen interaction. Indecom found that planned operation were led below the rank of inspector, and that body-worn cameras were absent or not activated in fatal operations. What has been done on this 11th recommendation, including that all planned operations be properly planned, documented, and consistent with the use of force policy on a civil society call for an independent, and on a civil society call for an independent audit. Is use of force training mandatory and recurrent, and what proportion of the GCF personnel has completed it? Which policies were substantively updated during the reporting period. In a nutshell, what Jamaica is doing or intending to do to address a pattern, if not a tradition, of shoot to kill within the PCF. INDECOM's mandate now, the report paragraph 90 says legislative amendment and the judicial ruling reinforce INDECOM's authority without naming them. In Police Federation versus INDECOM, Court of Appeal 2018, appeal dismissed by the private counsel in 2020, Indecom was held to have no power to arrest, charge, or prosecute members of the security forces. Which amendments and rulings does the report refer to? And how do they reinforce Indecom's authorities given that ruling? What are Indecom's current budget and staffing relative to its caseload? I will turn now to prosecution and outcomes. The report in paragraph 91-92 cites 168 cases before the courts and several members charged without the period recovered or any outcomes. INDECOM's own dashboard shows 69 officers charged following this investigation in 2024-26. Civil society notes that no published series of prosecution, conviction, and sentences for unlawful killings exist. What period do the 168 cases cover, and how many complaints and investigations correspond to them? How many ended in conviction or acquittals, and with what kind of sentences? Are police officers involved in these fatal shootings suspended pending investigation? How many officers have been charged in connection with fatal shootings, and for how many incidents? And how many investigation by INDECOM into fatal shootings remain pending or inactive, and how long do they take on average? What is the total number of fatal shootings by security forces over the reporting period, and how many led to prosecution? And finally, Do the JCF or Intercom track officers or units involved in repeated fatal incidents, and what review is triggered? Thank you.


CCPR · Chair [1:01:06]:

Thank you very much. These are questions from our members this afternoon, so I will suspend the meeting for 15 minutes to allow you to prepare the answers. The meeting is suspended. So I would like to resume the meeting. I will give the floor to the delegation. Delegation will have 60 minutes to reply to the outstanding questions posed by members. You have the floor, madam.


Jamaica · Permanent Secretary, Ministry of Justice and Constitutional Affairs; Alternate Head of Delegation [1:33:19]:

Thank you, Chair. All right. While the other members of the team join us, We would like to begin with the first issue, the first set of questions that were raised. And this is issue one.


Jamaica · Captain; Director, Human Rights Policy Branch, Ministry of Justice and Constitutional Affairs [1:33:46]:

Please.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [1:33:49]:

Thank you, Head of Delegation. And just to say thank you to the members of the Committee for the solidarity expressed to the Government and people of Jamaica as it relates to Hurricane Melissa. These sentiments are deeply appreciated. We were trying as best as we could to register all of the questions asked, but they were delivered at such a pace, but we did make our best efforts. Thank you for those questions. As indicated by the HOD, We'll begin in order with issue one, however, in responding to the questions, we may switch between the various issues depending on the member of the delegation who will provide the response. So in the first instance, beginning with the first question and those under issue one, we'll turn to Captain James. Captain James, you have the floor.


Jamaica · Captain; Director, Human Rights Policy Branch, Ministry of Justice and Constitutional Affairs [1:34:42]:

Thank you, Ms. Turner. Thank you to the Chair and to the members of the Human Rights Committee. I will respond to the question that was asked in relation to the full effect of the provisions of the International Covenant on Civil and Political Rights in our domestic legislation. Jamaica is a dualist. State, and Jamaica seeks to ensure that legislations and public bodies do not discriminate against individuals or have a disproportionate adverse impact on vulnerable groups through consultative processes, inter-agency collaboration, and targeted public education and support mechanism. The development of policies and legislation involves consultation with stakeholders who may be impacted by proposed measures. These consultations provide individuals, organizations, and other interested parties with the opportunity to express their views, identify potential concerns, and make submissions for consideration before policies are finalized or legislations are enacted. Particular attention is given to engaging vulnerable groups and the relevant ministries, departments, and agencies to ensure that their needs and circumstances are taken into account. For example, where a policy legislation proposed measures that may affect persons living with disabilities, the Jamaica Council for Persons with Disability may be consulted to provide relevant expertise and facilitate consideration of accessibility, inclusion, and non-discrimination. Additionally, the Jamaica Council for Persons Living with Disability conducts workshops, seminars, and media outreach programs to educate the Jamaican public about the different forms of disabilities including direct and indirect discrimination. These initiatives seek to improve public awareness, challenge discriminatory attitudes, and promote greater respect, understanding, and inclusion of persons with disabilities. The Ministry of Labour and Social Security also plays a role in addressing workplace discrimination. It intervenes in complaints concerning alleged discrimination in the workplace where the matter falls within the definition or constitute a sub-issue, an industrial dispute under section 2 of the Labour Relation and Industrial Dispute Act. I will now provide a response in relation to the question that was asked regarding the established procedure to follow up on recommendations. Jamaica has established the Inter-Ministerial Committee on Human Rights, composed of representatives from several government ministries, departments, and agencies. The committee is instrumental in helping Jamaica to meet its rights-based treaty obligations, gathering information from government entities as to governments and human rights issues in order to develop a more comprehensive approach towards human rights. The committee also meets with civil society organization for an open dialogue on human rights. In addition to the IMCHR, the Office of the Children's Advocate, Office of the Public Defender, and the Independent Commission referenced in paragraph 10 to 11 of the ICCPR report, Jamaica has several subject matter specific ministries, department, and agencies which ensure the effective implementation of the ICCPR obligations. A multi-stakeholder mechanism also exists in the National Task Force Against Trafficking Person, which ensures the systematic implementation of the ICESCR articles. With reference to the question that was asked in relation to our UPR recommendation, Jamaica has Circulated the agreed UPR recommendations to the respective ministries, departments, and agency for their commitment to an implementation of recommended measures. It is our intention to conduct annual follow-ups to assess and document the measures taken by respective MDAs to implement the recommendations. Accordingly. Ministries, departments, and agencies will be required to provide updates on the progress of implementations, actions taken, results achieved, challenges encountered, and any outstanding measures. This process will facilitate the monitoring of Jamaica's progress in fulfilling its human rights obligation and implementing the recommendation. A similar approach was adopted in relation to other international human rights convention ratified by Jamaica. I will now hand over.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [1:39:46]:

Thank you, Captain James. So the attempt there is to respond to some of the issues raised by Member Carrasco, thank you, as well as on the disabilities by Member Helford. We'll now want to turn to issue two on national human rights institutions, which will be taken by our head of delegation, Permanent Secretary McFarlane.


Jamaica · Permanent Secretary, Ministry of Justice and Constitutional Affairs; Alternate Head of Delegation [1:40:08]:

Thanks. Okay, regarding the establishment of the National Human Rights Institution, this remains under review. We are currently, we continue to do consultations. And as earlier stated by Captain James, Jamaica has several entities that play key roles in the protection and promotion of human rights, and these include the Office of the Children's Advocate, the Independent Commission of Investigation, otherwise referred to as Indicom, and the Office of the Public Defender. These institutions operate under broad constitutional or legal mandates and function independently from both the state and the government. In particular, the Office of the Public Defender is responsible to investigate allegations of constitutional breaches and maladministration lodged by individuals against ministries, departments, and agencies or statutory bodies. Of course, consultation continues regarding the establishment, determining resources that will be needed in terms of budget, human resource, and other resources to establish this institution.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [1:41:32]:

Thank you, P.S. We'll now turn to Ms. Gale for a response on issue three under corruption. Some of the questions asked there specifically as it relates to the legal and protective measures for whistleblowers and any sanctions against those who have made threats. Ms. Gale, you have the floor.


Jamaica · Senior Assistant Attorney General [1:41:54]:

Thank you. With regard to the question on whether Jamaica plans to confer a constitutional ranking on the Integrity Commission or to update the and to update the Official Secrets Act, at this time, jamaica does not have any plans in this regard. However, it's important to note that Jamaica does have the Access to Information Act 2002, which has been in effect since 2004, to promote government transparency. Jamaica's Access to Information Act gives citizens, non-citizens, and organizations a legal right to access official documents held by government ministries, departments, and agencies, statutory bodies, parish councils, and a majority of state-owned companies. Regarding the question on whistleblowers. Jamaica has an extensive legal framework which covers the protection of whistleblowers. So if a complaint is made by, for example, a government employee against their employer, the Protected Disclosures Act and the Protected Disclosures Regulations outline and specifically prevent and protect against retaliation. I believe the question was, as well, part of it was on the sanctions on those who hamper or threaten whistleblowers. So under the Act, specifically what we call occupational detriment means any act or omission of an employer that leads that employee to disciplinary action, being dismissed, suspended, or demoted, harassed, intimidated, or victimized, even transferred against their will, or refusing transfers or promotions. These are considered to be occupational detriments and which is prohibited under the Act in response to any protected disclosures made by that employee. Furthermore, there's a broad provision which says any actions or omissions which otherwise adversely affects that person's employment, profession, or office, including employment opportunities and job security. On the question of what sanctions are there if a person commits an offence in that he prevents, restrains, or restricts any employee from making a protected disclosure, intimidates any employee who has made or intends to make a protected disclosure, or induces or threatens that person. they would have committed an offense under the Act, and these are just examples. The Act does go into further details. For example, refusing in bad faith to actually receive or carry out, receive a disclosure or carry out an investigation. If a person commits any of these offenses, they are liable to summary conviction before the parish court, to a fine not exceeding $2 million, or to imprisonment of a term not exceeding two years, or to a fine and such imprisonment. So that is the answer to that question on whistleblowers. On the question about the Campaign Financing Act, just to note that Jamaica has established, has an established statutory framework for campaign financing that combines financial support mechanisms with reporting, disclosure, and accountability requirements. Sections 52 AM to 52 AR of the Representation of People's Act govern the National Election Campaign Fund, which receives contributions for administration through the electoral authorities. Access to the Electoral Commission continues to provide guidance and training on campaign financing obligations, including a seminar just recently in February 2026 on tracking political donations and spending. The government recognizes, of course, the importance of ensuring accountability requirements alongside effective access to lawful financing. With regard to the publishing I didn't quite get a question, but I believe there is a question on publishing reports. So section 52 BP requires final disclosure reports and provides for their publication by the Electoral Commission. Section 52 BQ further requires publication within six months of receipt of a report identifying total contributions received by a registered political party and contributions exceeding 1 million Jamaican dollars. received by parties and candidates. So the published report, there is some publication requirements under the Act. Oversight is supported by requirements to retain financial records, receipts, and supporting documentation, and the Electoral Commission's power to require additional information through disclosure notices. So Jamaica, as I said, recognizes the importance of ensuring disclosure. So those would be the answers we have for the anti-corruption questions posed. Thank you.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [1:47:13]:

Thank you, Ms. Gale. Also noted that there were some questions on anti-discrimination that thematically went across several of the issues. I'll now turn to Captain James to respond to those, including how we will deal with any comprehensive, possibly comprehensive, anti-discrimination legislation within the context of the ongoing constitutional reform process. Captain James, you have the floor.


Jamaica · Captain; Director, Human Rights Policy Branch, Ministry of Justice and Constitutional Affairs [1:47:34]:

Thank you, Ms. Turner. The government is now advancing a process of constitutional reform, which includes the transition from towards a republic form of government. As part of this process, the second phase of constitutional reform will contemplate a review of the Charter of Fundamental Rights and Freedom, which provides a valuable opportunity to reflect on the evolution of human rights framework and to consider measures that may further enhance the protection of fundamental rights and freedom. Jamaica continues to make great strides in ensuring safeguard against discrimination instituted against targeted approach in legislative and policy development that considers the various types of discrimination. We can make reference to the Disability Act of 2014 and the ongoing process of developing a victim support policy and gender equality. With reference to the question on the elimination of direct or indirect discrimination on private and public grounds, the Charter of Fundamental Rights and Freedom acts as the benchmark where no statute or public policy ought to be developed that runs contrary to the protection. It outlines that the state has an obligation to promote universal respect for and observance of human rights and freedom. The framework for the development of national policies And legislation mandates a robust public consultation process at the various stages of development, which provides a platform for civil society, legal experts, and citizens to express human rights and other systematic concerns and make recommendation which are taken into consideration. Additionally, to ensure that local laws align with global standards, international human rights treaties signed and ratified by Jamaica are considered throughout the drafting process. In addition, in developing and drafting legislations and policies, the government ensures that human rights obligations are a foremost consideration. For policies, there are specific sections addressing the situational analysis and legal implication, which include human rights consideration. Ministries, departments, and agencies are trained and made aware of specific human rights which may be engaged in their mandate and ensure consideration. In addition, the in General House Chambers review all legislation and policies for a legal consideration and advice on any human rights which may be engaged. With reference to the question that was asked in relation to discrimination, remedies for discrimination, section 19 of the Charter of Fundamental Rights and Freedom provides that any person who alleges that any of the rights or freedoms guaranteed under the Charter has been is being or is likely to be contravened in relation to them may apply to the Supreme Court for redress without prejudice to any lawful remedy available in respect of the same matter. With respect to persons living with disabilities, Jamaica addresses discrimination primarily through the Disability Act, which establish a legal framework for the protection of the rights of persons with disabilities. The Act provides a mechanism through which complaints of discrimination may be made to the Jamaica Council for Persons with Disability for investigation and appropriate actions. Where necessary, matters may be referred to the Disability Rights Tribunal, an independent judicial body empowered to hear and determine complaints and provide appropriate appropriate redress. Similarly, the Sexual Harassment Act establish a framework for addressing complaints of sexual harassment, including through the Sexual Harassment Tribunal, which is employed to hear and determine complaints and make appropriate awards. The tribunal comprises of 40 members, including attorneys at law, trained and certified mediators, and persons with experience and demonstrated capacity in gender affairs. workers' representation, mental health, employer representation, and labour relations.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [1:51:59]:

Thank you. Thank you, Captain James. We'll now move to our delegation on the floor, specifically to Ms. Claudine Bailey, who will address the questions related to the Offences Against the Persons Act, sections 76, 77, 79, as it relates to those provisions, as well as combating violence against persons on the basis of their sex orientation, as well as a question posed on the Employment Act, marital rape, and the Sexual Harassment Act. Ms. Bailey, you have the floor.


Jamaica · Assistant Attorney General, Legal Services Unit, Ministry of Foreign Affairs and Foreign Trade [1:52:31]:

All right, regarding the question of the Offences Against the Persons Act, it is important to note that the Government of Jamaica remains committed to the protection of the fundamental rights and freedoms of all persons and does not condone discrimination, harassment, or violence against any individual on any ground, With respect to the Offences Against the Person Act in particular, and the relevant saving law clauses under the Charter of the Fundamental Rights and Freedoms, the Government of Jamaica wishes to advise that the Offences Against the Persons Act is not currently included among the legislation under review by the Government. The Government will continue to engage, however, constructively with the Committee on measures to advance the protection of human rights generally in Jamaica. Regarding the subject matter of combating violence, it is important to note that the Jamaican Constabulary Force operates under a formal policy on diversity, which was implemented on August 25, 2011. And this in particular deals with the treatment of LGBTQIA+ persons. In this regard, the government of Jamaica reiterates its opposition to discrimination, harassment, and violence against all individuals. And we wish to highlight the fact that the JCF continues to promote professionalism and respect for human rights and equitable treatment through its diversity policy, which has been incorporated into its training and relevant sensitization initiatives. The government also recognizes the importance of ensuring that allegations of violence are addressed in accordance with the law, that all persons have access to the relevant mechanisms for reporting offenses and seeking redress. So therefore, it's regrettable that out of 19 cases, only four persons, in fact, made a report, because mechanisms are there to facilitate such report.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [1:54:49]:

In the interest of time, Ms. Bailey, would you want me to move to the other delegate? Okay, I will do that. I'll now turn to Ms. Rachel Lee, who will address some of the questions asked by member Rochelle on the discrimination based on health status. Ms. Lee, over to you.


Jamaica · Human Resources Officer, Ministry of Justice and Constitutional Affairs [1:55:09]:

Through the Global Fund HIV National Response Monitoring Reports, They are shared directly with the Minister of Health and Wellness in alignment with the Minister of Health and Wellness's Charter of Patients' Rights, which mandates for timely feedback and treating of all patients with dignity and respect regardless of circumstances. The Minister of Health and Wellness utilizes an established feedback mechanism that allows all clients to report grievances at the facility, regional, and national levels. This structured mechanism undergoes regular audits to ensure compliance. Regional health authorities and local health facilities then We use these audit reports to develop corrective action plans monitored by the Ministry of Health and Wellness. In relation to the Live Life Before You Give Life campaign, this was a campaign by the National Family Planning Board, and it was one which was used to assist in reduction of teenage pregnancy. It was part of a larger project that is funded by the IDB, and that was in 2016. And the project came about as there was a need to reduce adolescent birth rate from 72 births at the time per 1,000 girls ages 15 to 19. In relation to pre-exposure prophylaxis and post-exposure prophylaxis, these medications are available through public health facilities such as our clinics in each parish in Jamaica, as well as through private providers and non-governmental organizations, and they are provided free of cost by the health clinics. Jamaica also actively contributes to the Global AIDS Monitoring Report and the National Commitments and Policy Instruments under the United Nations Programme on HIV and AIDS, or UNAIDS, reporting on efforts to combat HIV and AIDS, especially among vulnerable populations. In 2024, the Ministry of Health integrated leadership of its HIV, sexually transmitted infections, and tuberculosis response. under its HIV, STI, TB unit, overseeing prevention, treatment, care, support, and human rights. The reactivation of this National AIDS Committee, NAC, has also ensured more inclusive, multi-sectoral governance of the national HIV response.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [1:57:30]:

Thank you, Ms. Lee. On the data protection question specifically and the legislative gaps, highlighted there. I'll just ask Ms. Gale to touch on that. I'm not sure, I'd probably go back to Ms. Lee to also address the workplace policy as to whether this is applicable more broadly to private companies. Ms. Gale, you have the floor.


Jamaica · Senior Assistant Attorney General [1:57:53]:

Thank you. Jamaica's Data Protection Act and data regulations 2024 provides a detailed, extensive legal framework for the regulation of the collection, processing, use, storage, and storage of personal data, including sensitive personal data, which would, of course, cover health information. This act applies to all public authorities, in particular. The rights, this, with regard to possible breaches, if there is a breach of a data privacy right, under the Data Protection Act, section 69 of that act provides that an individual who suffers damage or distress from a contravention by a data controller of any of the requirements under the act is entitled to compensation from that data controller. There is also, of course, regulatory frameworks built in with the Office of the Information Commissioner. Separate and apart from the Data Protection Act, if a person believes their right to privacy has been breached, you know, right to privacy are constitutionally protected rights, which then allow as a constitutional court to have broad discretionary powers to issue appropriate orders, declarations, and compensation to enforce those rights. So that would be just a snapshot of our data protection laws. Thank you.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [1:59:21]:

Thank you, Ms. Gale. Just an indication from Ms. Are you ready for the second part of that question? If not, we can move to gender equality. Just give me a signal. Yes? Okay, go ahead.


Jamaica · Human Resources Officer, Ministry of Justice and Constitutional Affairs [1:59:37]:

In relation to the question posed regarding the discrepancies in the data, we're indicating that the discrepancies in data regarding persons living with HIV is due to the difference in surveillance reported figures and statistical modeling. There's also an undiagnosed treatment gap of 15 to 16% who are unaware that they are living with HIV and AIDS. And we also have the issue of significant underreporting among the groups that are high risk.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:00:08]:

Thank you, Ms. Lee. We now return to Ms. Bailey for closing out on her responses.


Jamaica · Assistant Attorney General, Legal Services Unit, Ministry of Foreign Affairs and Foreign Trade [2:00:17]:

Regarding the subject matter of marital rape and the amendment of the Sexual Offences Act, we wish to advise that discussions have been ongoing on the potential amendments required to the Sexual Offences Act. The government recognizes importance of ensuring that Jamaica's sexual offences legislation provides effective protection and access to justice for all victims. The Sexual Offences Act and related legislation have undergone parliamentary review, and reform of these laws have been identified among the government's priorities for the 2026-2027 legislative year. The review process involves stakeholder consultation, research, and careful consideration of the legal and practical implications of proposed amendments. Notably, while the government is not presently in a position to confirm the specific amendments to be tabled or timetable for their introduction, these matters will be considered within the legislative review process, taking into account stakeholder recommendations and the need to strengthen protections against sexual violence, which is a priority matter for the Government of Jamaica.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:01:29]:

Thank you, Ms. Bailey. I just want to indicate for the Committee that there were several questions. that did ask for specific figures for those, we would have to consult with Capital and Revert so we can give any specific figures as were requested, for example, the number of cases, the type, the number of outcomes, that we are undertaking the relevant consultations. I'll now turn to gender, gender equality, and I really want to thank the committee for the commendation to the government for having attained its target of 30% as it relates to the We are also encouraged by the indication and the question as to whether the government will undertake any measures for a more ambitious target. In that regard, I'll now move to head of delegation, permanent Secretary McFarlane, to respond to those questions as it relates to gender equality. Yes.


Jamaica · Permanent Secretary, Ministry of Justice and Constitutional Affairs; Alternate Head of Delegation [2:02:25]:

Thank you. Right. As it relates to gender equality, since 2015, Oh, dear. Sorry. There's been positive developments in relation to women, to the increase in the number of women in women in female representation and participation in decision-making positions in public life. Women have held and continue to hold key positions within the government of Jamaica. In June of 2024, Jamaica appointed its first female president of the Court of Appeal, marking a significant milestone in the country's judicial history. Currently, women hold leadership roles in several non-traditional sectors and occupy some of the highest decision-making positions across government and political institutions. These include, we have four ministers of government, And these include ministers of finance and the public service. Also in the Ministry of Foreign Affairs and Foreign Trade is headed by a female. Culture, another ministry, culture, gender, entertainment, and sport, and our Ministry of Education, Skills, and Youth, and Information, that is also headed by a female. A number of ministries have junior ministries, at least six where their support ministers are supported by state ministers. In the Ministry of National Security and Peace is a female, Ministry of Justice and Constitutional Affairs, Ministry of Education, Youth, Skills, and Information, and also in the Ministry of Tourism. and the Ministry of Health and Wellness. There are currently, there are 11 female permanent secretaries and six male permanent secretaries heading ministries. Women also serve in the following offices: Public Defender, Managing Director of our Human Employment and Resource Training, Institute, National Service Training Agency, HART, our Chief Parliamentary Counsel, Director of Public Prosecutions, the Chief Personnel Officer who heads the Office of the Services Commissions, Chief Parliamentary Counsel, Financial Secretary is also female or Cabinet Secretary, female, the Speaker of the Houses of Parliament is a female, Director of our Legal Reform Department, or Solicitor General, or Information Commissioner, Director General of Statistical Institute of Jamaica, and the Chief of Defence Staff, Jamaica Defence Force, Rear Admiral Antoinette Weems, the first woman to serve as Chief of Defense Staff for the Jamaica Defense Force. She was officially appointed to the position in January of 2022, which also resulted in her becoming the second woman in history to command a national army and the only current female army chief. So, or females in Jamaica are making strides and holding key positions. Thank you.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:06:26]:

Thank you, piers. I will now turn for the last occasion here to Ms. Bailey to respond to that question on the Employment Act, which I think closes out nicely the section on gender equality, and then I will go directly to Ms. Lee for that question on the workplace policy. Ms. Bailey.


Jamaica · Assistant Attorney General, Legal Services Unit, Ministry of Foreign Affairs and Foreign Trade [2:06:46]:

Regarding the Employment Act, it is important to note that Jamaica's Employment Equal Pay for Men and Women Act 1975 provides a statutory framework for addressing sex-based discrimination in remuneration. The Ministry of Labour and Social Security is actively reviewing potential amendments to the Act, as indicated in Jamaica's fifth periodic report. This work reflects the importance of maintaining legislation responds effectively to contemporary workplace conditions and supports equality in employment. The existing Act provides mechanisms for monitoring compliance. Section 9 empowers assigned officers to investigate complaints and secure observance of the legislation, including by entering relevant workplaces at reasonable times and inspecting wage sheets and employment records. The schedule also allows an aggrieved person, or someone acting on their behalf, to complain to the minister and provides for investigation, attempted settlement, and referral to a referee where settlement is unsuccessful. The Act also provides concrete remedies and safeguards. Section 3 prohibits discrimination between male and female employees through failure to provide equal pay for equal work in the same establishment. Conventions may attract contraventions may attract criminal penalties, subject to the prescribed mediation procedure. Sections 3 and 4 empower the court to order payment of remuneration due within the statutory limits. Section 6 protects persons against dismissal or discrimination for making complaints, giving evidence, or assisting proceedings under the Act. These statutory arrangements are supported by the Ministry's Pay and Conditions of Employment branch, whose functions include investigating complaints, inspecting employment records, conducting mediation, managing cases, and assessing whether court referral is necessary. The legislative review therefore sits alongside an established framework for compliance, monitoring, complaints, resolution, and access to remedies.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:09:13]:

Thank you, Ms. Bailey-Nelson.


Jamaica · Human Resources Officer, Ministry of Justice and Constitutional Affairs [2:09:15]:

In relation to the National HIV and AIDS Policy, the scope of application is that it applies to all categories of workers, meaning that it applies to current and prospective workers in the public and the private sectors, all workplaces and contracts of employment, including those persons working in informal sector and the self-employed, and all employers and/or contractors of labour in the public and the private sectors.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:09:46]:

Thank you, Ms. Lee. We now turn to Ms. Brown to answer the questions that were proposed on use of force. Ms. Brown. Microphone, please. Microphone.


Jamaica · Policy Manager, Ministry of National Security and Peace [2:10:07]:

Okay, so the Government of Jamaica, through the Jamaica Constabulary Force, recognizes that the that protecting life is essential to its mandate and that the exercise of police powers must comply with the Constitution of Jamaica and the principles of legality, necessity, and proportionality. Its policy framework includes the human rights and use of force policy, which guides members in the discharge of their duties. Force must have a lawful basis and be confined to what is necessary and proportionate in all circumstances. It must never be employed The JCF does not accept the general characterization of death arising from police operation as extrajudicial killings. A fatality involving the police does not by itself establish that the force used was unlawful. The circumstances of each incident must be independently examined. This position does not diminish the seriousness of any loss of life or preclude the accountability for individual wrongdoings. The JCF neither authorizes nor condones unlawful killings and supports the investigations of allegations and appropriate proceedings where the evidence warrants them. The independent oversight is provided by the Independent Commission of Investigations, Indicom, which was established under the Independent Commission of Investigations Act, enacted in 2010, to investigate actions by members of the security forces resulting in deaths or inquiry or other matters within its statutory mandate. Indicom investigations are separate from internal police processes. And the office of the DPP considers whether the evidence supports criminal charges, while the courts determine criminal liability and impose sentences where guilt is established. Applicable disciplinary processes provide an additional avenue for accountability. As it relates to body-worn cameras, the government is expanding the use of body-worn cameras as part of its program to strengthen the police accountability, transparency, and public confidence. The JCF received 1,000 additional cameras during the 2025 to 2026 financial year, and the procurement of a further 1,000 was announced for the 2026 to 2027 financial year. Deployment is being guided by operational needs, officers' training, and the support system required for secure storage and management of recordings. point of note, in May 2026, the Prime Minister, the Honourable Prime Minister reaffirmed the policy of progressive extent, progressively extending camera coverage across the force, including in high-risk operational environment. This includes identifying camera configurations suitable for different tactical conditions, alongside training, connectivity, and evidentiary management arrangements so that recordings can support effective oversight and judicial.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:13:26]:

Thank you, Ms. Brown. More specifically to the questions posed regarding Indicum on their budget, the staffing in relation to the workload. There are also questions as it related to the number of convictions or the number of acquittals, number of police suspended pending investigation, and numbers charged, as well as a timeline for investigation. I'll now ask Captain James to respond to those questions.


Jamaica · Captain; Director, Human Rights Policy Branch, Ministry of Justice and Constitutional Affairs [2:13:58]:

Thank you, Ms. Turner. With regards to the question in relation to the budget and the staffing of INDICOM and whether it is sufficient to manage the caseload, the Independent Commission of Investigation has been provided with the resources necessary to support its operational requirements. Indicom, through this funding, was able to finance additional investigative officers and forensic personnel, a new case management system, family liaison officers, new motor vehicles, and increased office space for customer service and officers interview at both the head office in Kingston and the Montego Bay regional office. And every request that was made was accommodated. This demonstrates the government's responsiveness to the commission's resource needs and supports the position that INDICOM has been provided with sufficient funding to carry out its mandate. INDICOM's next major capital priority is the establishment of its own ballistic laboratory. With reference to the question that was asked, the government of Jamaica recognizes the importance of protecting the right to life. Enshrined in section 13.3 of the Constitution is the right to life, liberty, and security of the person. To promote respect for human rights and accountability, Jamaica has established oversight mechanism, including the Commission of Parliament and other independent bodies, to investigate allegations of misconduct and address potential breaches of the law. One such institution is the Independent of investigation, which investigates allegation of abuse, misconduct, and other specific incidents involving member of the security force. In 2023, INCOM conducted 187 investigations. In 2024, it conducted 171 investigations. And in 2025, the number of investigations increased to 120, 1,248 investigations. Of the number of investigations conducted in relation to these, in 2023, the number of investigation conducted was 1,087. In 2024, the number of investigation conducted was 1,071. And in 2025, the number of investigation conducted was 1,248. The number of cases in which prosecution were initiated are as follows. In 2023, the number of cases prosecuted was nine, and it included 10 officers. In the number of cases in 2024, there were 24 cases and it included 31 officers. In 2025, the number of cases prosecuted were 22 and it included 28 officers. Of the number of prosecutions, the results in convictions and otherwise are as follows. There was one acquittal. one, no case submission, one, no, three, no evidence offered, three, not guilty, two convictions, one dismissed by judge, and two were referred to mediation. In 2024, there were two acquittals, one, no case submission, five, no evidence offered, three, not guilty, one conviction, three mediations, and in 2025, there were one guilty verdict, three no evidence offered, two not guilty, one no case to answer, one dismissed for want of prosecution, and seven were referred to mediation, and one was dismissed. Finally, I wish to provide the total number of prosecution over the three years period. So mediation, there were 12 matters that were referred to mediation, 11 matters where no evidence were offered, eight matters which were given a not guilty verdict, three no case submission, three acquittal, Three conviction, one dismiss, one dismiss for warrant of prosecution, one no case to answer, one case dismissed by judge, one disposed of by DPP, and one guilty verdict. In addition to Indicom, the Police Civilian Oversight Authority is an agency of the Ministry of National Security and Peace that monitors and audit the Jamaica Constabulary Force, ensuring accountability and improving policing practices.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:19:29]:

Thank you, Captain James. We'll now move to Miss Gayle, who will address those questions on derogation as well as any possible amendment to the Emergency Powers Act. Miss Gayle, you have the floor.


Jamaica · Senior Assistant Attorney General [2:19:42]:

Thank you. With regard to the questions on a state of emergency, the first question with regard to the May 2025 judgment, Supreme Court judgment. That matter is currently on appeal before the Court of Appeals, so the sub judice rule is applicable. The Government of Jamaica will not be able to comment further on those proceedings. Generally, though, it's important to note that the Constitution and the Emergency Powers Act, as well as the emergency regulations, ensure that emergency measures are lawful, necessary, and proportionate. The detention must be based on reasonable grounds. It's limited to specified circumstances, and of course, subject to time limits, senior officer authorizations, for example. Emergency Powers Review Tribunal is an avenue where detainees have the right to have their cases reviewed by the tribunal to determine if the detention or restrictions are justified. The detainees, of course, have access to the courts as well. So these safeguards prevent arbitrary detention and protects persons detained during a state of emergency. Notably, the Emergency Powers Regulations 2018 expressly provides that for a person to be detained under the legislation, there must be reasonable grounds for suspecting that he has acted or is acting in a manner prejudicial to public safety, or has committed, or is committing, or is about to commit an offense. The Constitution also prohibits arbitrary detention. Section 14(1) provides that no person shall be deprived of his liberty except on reasonable grounds and in accordance with fair procedures established by law in specific circumstances where there is reasonable suspicion of him having committed a crime, or it is reasonably necessary to prevent him from committing an offence, or to prevent, for example, the spreading of an infectious or contagious disease constituting a serious threat to public health. So there are constitutional and legislative protections in place. Security force commanders are also required to file periodic reports on special on states of emergency operations, enabling a continuous scrutiny of compliance with human rights standards. Under the Emergency Powers Act and regulations, compensation is possible, for example, where there is a, where the government has to possess any lands, or lands has to be possessed on behalf of the government, or any property or land has been requisitioned. As I said earlier, the Emergency Powers Review Tribunal also can review and recommend the revocation of detention. And finally, the detainees, as I said, had core have access to the courts where the constitutional courts can issue declarations, orders, and directions to address or compensate for proven infringements of constitutional rights. So that is, Mr. Sarno, that's what I-- thank you.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:22:57]:

Thank you, Mr. Gale. I'll now return to Captain James, who will respond to some of the questions posed as it relates to training activities.


Jamaica · Captain; Director, Human Rights Policy Branch, Ministry of Justice and Constitutional Affairs [2:23:06]:

Thank you, Ms. Turner. I will now respond to the question in relation to the training of prosecutors, judges, law enforcement, and also to prevent sexual harassment. So, Jamaica The Ministry of Justice and Constitutional Affairs conducts sensitization sessions island wide in communities, in schools, ministries, departments, and agency on human rights. Jamaica also collaborates with external partners to strengthen capacity building and training initiatives aimed at combating trafficking person while safeguarding the rights of victim. Training is also conducted on sexual harassment. I will speak for just a minute on trafficking in person. As a matter of policy and practice, Jamaica takes a victim-centered approach to combating and prosecuting trafficking in person, taking into consideration the violation of individual rights. This is reflective in our targeted training, for example. CARICOM IMPACTS provided training to two courts comprising of 21 participants under the program, strengthening capacities of border security officers to proactively detect, investigate, and prosecute the crime of trafficking in person while protecting the rights of traffic victims. and also capacity building to prevent, detect, and investigate human trafficking to officials from Jamaica. Training was provided to participants from the following entities: the Jamaica Constabulary Force, the Passport, Immigration, and Citizen Act, Office of the Director of Public Prosecution, the Ministry of Foreign Affairs and Foreign Trade, including members of the Consular Affairs Department, Interpol, Kingston, Jamaica Customs Agency, the Ministry of Labor and Social Security, Victim Services Division of the Ministry of Justice and Constitutional Affairs, Social Development Commission, and the Ministry of National Security and Peace. It is noted that the government of Jamaica, through mutual agreement, contributes to the annual budget of CARICOM. In addition, we also have the Training Institute, which is the training arm of the Minister of Justice and Constitutional Affairs, and training is done on child protection, and also there are various courses that are developed. The justice sector training is conducted, and from there we have 120 participants who have been trained thus far, and this includes persons from the court administration division, and this was done in 2024. We also have included persons who are justice of the peace, where 500 persons were successfully trained and have received certification. If I should mention quickly about sexual harassment, I'd like to note that the Sexual Harassment Prevention and Protection Act establishes a framework for addressing complaints of sexual harassment, including the Sexual Harassment Tribunal, which is empowered to hear and determine complaints and make appropriate awards. The tribunal comprised of 14 members, including attorneys at law, trained and certified mediators, and persons experienced and demonstrated capacity in gender affairs. The act also provides for authorized persons attached to the Bureau of Gender Affairs. Their function include ensuring compliance with the provision of the act at the request of the tribunal, also conducting investigations into complaints submitted to the tribunal in accordance with the act. These legislation and and mechanism provide avenues for persons who experience discrimination or sexual harassment to seek investigation and appropriate remedies and redress, while preserving their constitutional right of access to the Supreme Court under section 19 of the Charter of Fundamental Rights and Freedom. If you give me a minute, I'll just provide additional information.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:28:17]:

Thank you, Captain James. We'll revert to you just in the interest of time to see how many of the questions posed by members we can get to before the close of our hour. I'd like to return to Ms. Brown. Member Njaye had asked a question about the mandatory use of force training, so I'll ask her to respond to that question.


Jamaica · Policy Manager, Ministry of National Security and Peace [2:28:40]:

So, as it relates to training for the use of force, this is conducted at all levels, at the certification of firearms training and the recertification process. So all members are expected to or mandatory, needs mandatory training on use of force.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:29:02]:

Thank you, Ms. Brown. I will now turn to Ms. Lee to provide some responses as it relates to the questions raised on emergency contraceptives. Ms. Lee, you have the floor.


Jamaica · Human Resources Officer, Ministry of Justice and Constitutional Affairs [2:29:14]:

The Government of Jamaica remains committed to supporting women's health from adolescence and through childbearing years into healthy aging. Although Jamaica does not have a single standalone piece of legislation dedicated specifically to reproductive health, reproductive health services are addressed through existing health policies, programs, and administrative arrangements. These measures seek to promote access to essential services, maternal care, family planning, and support for women and girls, including those in rural and underserved communities. Jamaica has also recorded improvements in access to antenatal care and skilled birth attendants. In 2023, approximately 45% of women received antenatal care through the first semester of pregnancy compared to 22% in 2018. In relation to There has also been improvements in infrastructure and services of primary health care facilities, contributing to strengthening maternal health care. Jamaica is also taking steps to protect reproductive health services and contraception. For instance, in rural areas where women are giving birth, they are visited by community health aides and they're informed of the availability of contraceptives. If there are issues of affordability of contraceptives to new mothers, the new mothers, the community health aides will visit the mothers or assist them in getting to the clinic so that they can have access to emergency contraception. As it relates to Well, following Hurricane Melissa, reproductive health and dignity kits were handed over by the Ministry of Health and Wellness to key hospitals in St. Elizabeth, Westmoreland, Manchester, and St. James, with support from the United Nations Population Fund, PAHO, and Central Emergency Response Fund. This initiative provided essential supplies and strengthened maternal and newborn care, providing contraceptives as well.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:31:28]:

Thank you, Ms. Lee, for those responses. I'll now turn to Permanent Secretary McFarlane for respond to question on women in the judiciary.


Jamaica · Permanent Secretary, Ministry of Justice and Constitutional Affairs; Alternate Head of Delegation [2:31:39]:

Okay, just a quick update on women in the judiciary. Of 133 judges currently, there are 90 females, and the court administration division, that's the administrative arm of the judiciary, that is also headed by a female. Just an update to that question.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:32:04]:

Thank you, Piers. And before returning the floor to our head of delegation, just to indicate, please forgive any human error. I know there are some questions outstanding. Those we do hope to have the opportunity to consult with Capital to provide a more comprehensive response to you as it relates specifically on statistics I know there were some questions as it related to decriminalization of abortion in specific cases, such as rape or incest. Those questions we have highlighted. With the time remaining, Chair, I'll just revert to the head of delegation for any further remarks before returning to you. Thank you.


Jamaica · Permanent Secretary, Ministry of Justice and Constitutional Affairs; Alternate Head of Delegation [2:32:52]:

Okay, just want to thank Thank you, Ms. Turner, for your assistance and the team here today from Jamaica, and to express our appreciation to the members for your questions. And as Ms. Turner would have indicated, that time had not allowed us to provide more data, but these, of course, we will work on getting so we can properly update you on the questions that remain outstanding. as best as we possibly can. Thank you.


CCPR · Chair [2:33:29]:

Okay, thank you very much. Thank you for your replies to the questions raised by members. And we will get some more follow-up questions, and you can have more time to answer some questions. And if you need more time, I may give you some more time tomorrow morning. So I will give the floor to Ms. Ndinya.


CCPR · Member [2:34:01]:

Thank you. I wanted to really thank the delegation. Thank you for the answers you've provided. I just wanted to pick up on one question. Those people who die, as it were, at the hands of the police. Do you have automatic investigations when that happens? If I understood the answer, you said, in English. So no case submissions, and that there was also mediation. I don't know what you mean really by mediation. Could you shed a little bit more light on this, if necessary, tomorrow? And I want to go back to incident which was rather striking, which happened in May 2010 in West Kingston Tivoli Gardens. The Commission of Inquiry 2016 felt that the way in which security force members carried out this operation was, and I quote, "disproportionate, unjustified, and unjustifiable," end of quote, and mentioned credible evidence of at least 15 extrajudicial killings. The Prime Minister apologised in December 2017, and compensation committee awarded 134.6 million Jamaican dollars. But as I understand, there are about 70 civilians dead, only 29 were compensated, and no member of the security forces had been convicted for the 2010 killings. Recommendations to bar named officers from future internal security operations, and dismantling what we call the garrison structures remained only partly implemented. So my questions: What is the status of the investigation in criminal or disciplinary proceedings? Has an independent investigation examined the 13 ex-gratia cases, and what remedy has been afforded for the remaining deaths? Beyond compensation, what judicial remedies are open to families? Have they had access to findings, including by Indicom? What has been done regarding the named officers, whether they've been barred? And what entity is responsible for dismantling the garrison communities and what concrete measures have been taken? with what measurable impact? Has a systematic review of rules of engagement for joint military police operations taken place, given the allegations of disproportionate force and complaints involving both the JCF and the JDF? Thank you.


CCPR · Chair [2:36:53]:

Thank you very much. Now I will give the floor to Mr. Halfar.


CCPR · Member [2:37:01]:

Thank you, Chair, and many thanks to the delegation for tracking all of our many questions. We know we ask a lot of questions, but that reflects how interested we are in how Jamaica is implementing its obligations under the Covenant. And with regard to that, I would just request that if the delegation could provide a bit more information, not only about the legal framework, but also about how the law is actually applied in practice. So we understand, for example, with regard to remedies for discrimination, you mentioned section 19 of the Charter that allows for complaints to be filed. the Supreme Court. Yes, we're very well aware of that, but we have questions about the practical application. So this relates not just to the number of complaints filed, the number of decisions issued, but what are the practical barriers, if any, to the full realization of individuals in exercising their rights within Jamaican society? So with regard to that, I do have a couple of follow-up, specific follow-up questions. One relates to the question of direct and indirect discrimination. I may have misheard, but I thought I heard the delegation say, well, i know I heard the delegation say that no statute can be contrary to the Charter. Is it the position of Jamaica that direct and indirect discrimination in a comprehensive national anti-discrimination law would be contrary to the Charter? I'm not sure if I heard correctly, so please do clarify for me, because again, we're very interested both in, as I say, the legal framework and what is permissible. With regard to the question of decriminalization of same-sex relations, point taken, I understand you were quite honest in saying that Jamaica does not have any plans to repeal the relevant sections of the Offences Against the Person Act, but I would ask you to please comment on the alternative possibility that I raised, whether the government would consider some sort of official policy of non-enforcement of the Act with respect to consensual same-sex relations between adults. And I say that you might consider it contrary, excuse me, similar to a kind of moratorium. We know that Jamaica, as we'll talk about tomorrow, still retains the death penalty for the most serious crimes, including, of course, murder, but has maintained a de facto moratorium for many years. I wondered if you might consider a similar kind of moratorium or non-enforcement policy with respect to the OAPA. And I say that because, as I also mentioned, the fact that this legislation exists and the fact that there is, as of yet, no comprehensive legislation against all forms of discrimination protected by the Covenant, that creates an environment of stigmatization and fear for LGBT communities. And we recognize that this is an issue that Jamaica has been making progress on, and we appreciate the statements made by the delegation. But if you could comment on those concrete proposals that I’ve raised, they would be much appreciated, whether today or in your time that you may have to follow up with us tomorrow morning before we turn to the next round of questions. Thank you very much.


CCPR · Chair [2:41:01]:

Thank you very much. Now I will give the floor to Ms. Carazo.


CCPR · Member [2:41:12]:

Thank you. Thank you for all these answers, and particularly the answers on the possibilities that women have in Jamaica to accede to senior positions and the examples you gave. That's been very eloquent, but even more eloquent is the makeup of the delegation that we've seen today with us, with so many women. Most, I think, an overwhelming majority of women in your delegation. So it's obvious that access to senior positions is very possible. I'd like to know what the Office of the High Commission for Human Rights can do to support the state party in processes, particularly regarding constitutional reform, because I know you're engaged in that, and also in terms of establishing a national human rights institution. On funding political campaigns, I think there's a straightforward issue here, I wonder what has been done to improve things after the implementation of this legislation. And I think it was applied for the very first time in 2025 in that political campaign. The reasons why you haven't tried to convince the government to ratify again the first protocol to our covenant, which of course opens up possibilities for those victims of the violation of human rights to avail themselves of these international bodies. And I just wonder Is that being considered? And I'm wondering how that dovetails with the Inter-American system. So it'd be useful to know whether that might be happening in the future. And I don't know if I got a specific response to the question on the outcome of those investigations carried out. when there's been whistleblowers. I'm thinking about the cases of the senators, the prime minister, and several MPs. Thank you.


CCPR · Chair [2:44:04]:

Thank you very much. I will give the floor to Ms. Sörlin.


CCPR · Member [2:44:13]:

Thank you, Chair. I would also like to express my gratitude to the delegation for the replies and comments, explanations to our questions. I would have two more questions with regard to the gender equality. There is an information that is available to the committee that 2024 local government elections results records only 45 women among 229 elected representatives at the local level. What measures is the state party undertaking to increase representation of women at all levels, including at the local level? Another question, follow-up question in this sphere is, on measures that State Party has adopted or is going to adopt to include the principle of equal remuneration for men and women for work of equal value, that is defined in Employment Act in 1975. So that is different, a little bit different principle than one that we have been speaking about, that we heard from you before. And then that obviously very difficult issue for you, for your country, that we keep on asking, and I will ask again, and please, if you can give your comment during the session or after the session in writing. It is the question on possibility of revising your legislation on abortion. I will not repeat these questions, I'm just saying that We are still waiting for your answers. But in addition to my previous questions concerning issue 9, I would like now to raise just one more, a short one, but also important one, if the delegation can clarify the legal status and the obligations of the biological fathers of children born as a result of rape or incest. Thank you.


CCPR · Chair [2:46:30]:

Thank you very much. I will give the floor to Ms. Abdo Rushaw.


CCPR · Member [2:46:38]:

Thank you, thank you, Chair, and thank you so much to the delegation for your answers as well. I just had two brief requests for clarification, and it may well be that you covered these points. Whether the State under Article 4, 3, during the state of emergency? Was there some sort of notification for that? And the law, does it only compensate for goods seized, or is there some sort of broader reparation mechanism for those people who have been detained without a charge? And the figures that you, it would be useful to have them in writing, the figures, does that include HIV discrimination and those people who are detained during the state of emergency? And what about your workplace policy? Does it have legal force vis-à-vis HIV? Thank you so much, Chair, and I'd like to thank the delegation as well.


CCPR · Chair [2:47:48]:

Thank you very much. These are all follow-up questions, and I see you have 13 minutes. Now, I know it's not enough time, but you can spend all 30 minutes to reply, and you can do tomorrow morning. And also, i want to remind you that you have opportunity to submit the written replies within 48 hours after the end of the dialogue. So I'll give you a floor for 12 minutes.


Jamaica · Permanent Secretary, Ministry of Justice and Constitutional Affairs; Alternate Head of Delegation [2:48:31]:

OK, Ms. Rochelle, member, seeking some clarification here. Ms. Ternal is going to be seeking a clarification from you.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:48:45]:

Thank you, Permanent Secretary, and thanks to the members of the Committee for the follow-up questions posed. Indeed, some of these questions are actually repeated. We had noted them. It's regrettable that, to the consideration of the Committee members, we had not addressed them in a full or comprehensive manner. We'll aim to do that tomorrow. But I did want to seek clarification from Member Rochon regarding the last question raised on the workplace policy. What exactly do you mean in terms of the legal status as it relates to HIV, so we can provide a response.


CCPR · Chair [2:49:46]:

I give you floor to Madam Abdoulshah.


CCPR · Member [2:49:51]:

Thank you. Thank you, Chair, and thank you, delegation. Yes, let me clarify and elaborate on my question. This national workplace policy on HIV in the workplace, is it legislation or regulation simply? What is the normative status of this public policy? If a private employer discriminates against an employee because of their seropositive state, I mean, maybe sacking them, I don't know, what would happen? Can there be some, you know, what would be the sanction on the private employer? So I'm trying to understand how this workplace policy protection applies to the rights of employees. Thank you.


CCPR · Chair [2:50:44]:

Thank you very much, Madame Abdoulshour, and I'll go back to the delegation.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:50:51]:

Thank you, Chair. If we could just go to Ms. Gale to respond to some of the additional questions. Ms. Gale.


Jamaica · Senior Assistant Attorney General [2:50:59]:

Thank you. The very first follow-up question with regard to the reference to mediation in the statistics? Yes, the statute, the Indicom Commission of Investigations Act, does allow for mediation or alternative dispute resolution options. Specifically, it says the commission may, after consultation with the Director of Public Prosecutions and with the consent of all the parties to whom a complaint relates, may have the matter dealt with by mediation or other alternative dispute proceedings. Specifically in the statistics, I believe my colleague referenced a certain amount of mediations, which would have been in reference to non-fatal shootings and assaults. So that would be the response to just clarify that reference in the statistics to mediation. The question of whether all investigations are automatic. Yes, all investigations into killings, persons who die at the hands of police, are automatic, and it begins immediately. But as we know, the Indecom Act would also cover non-killing matters. But for extrajudicial killings, investigations are automatic.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:52:35]:

Thank you, Mr. Gale. To some of the questions posed by Member Serlan, we perhaps would need further guidance on the additional information that the committee is seeking as it relates to the question posed on the 1975 Employment Act. The colleague, Ms. Bailey, did respond to that question. So if there's perhaps a particular element that we're not responding to, to the satisfaction of the member, would appreciate knowing that so we're able to provide the response that is being sought. Also, the final question, we're hoping that we caught that correctly. Was the question raised as to the legal status of biological fathers? In what case exactly? If through the chair, we might seek those clarifications. Thank you.


CCPR · Chair [2:53:30]:

I'll give the floor to Madame Sullna. Briefly.


CCPR · Member [2:53:35]:

Thank you. So let me explain my question about the biological father of children born out of rape or incest, because if there is a girl or a woman who was raped and then pregnant, and she cannot undertake voluntary termination of pregnancy, she cannot go to the abortion, her life is probably destroyed. She has to raise the child alone. There is no father. What happens with the man who made her pregnant? What are his obligations toward that child? Does he have to support that child financially at the first place? Financially. Or if that person has traumatized the mother, is it allowed to that person to get close to that lady? he made pregnant and she couldn't do nothing because she would be punished if she would try to undertake abortion. So that is why we are focusing always our questions with regard to that issue, not to the abortion is the right to abortion. We're not speaking about that. We're speaking about these situations when a girl or a woman is made pregnant against her will out of a crime, and she has no legal protection at all in that situation. So we had already made that recommendation in previous COPS, we asked that issue in our list of issues, and still we are waiting for that answer. And that is why I just wanted to make it clear in a real-life situation. that if there is a mother, there must be a father. If there is a mother born a child out of rape, she's obliged to take care about that child and to do everything for the upbringing of that child. And what about the father?


CCPR · Chair [2:55:39]:

Okay, thank you very much for your clarification. Okay, we'll go back to.


Jamaica · Chargé d’affaires to the UN and other international organizations in Geneva [2:55:48]:

Thank you, Member Serlin. That was very clear, and thank you for highlighting that was previously asked. To my first question for clarification raised, that's of the 1975 Employment Act, we just want to be very clear, further to the response provided by Ms. Bailey, what the committee might be seeking as it relates to a response from the delegation. Thank you. We'll provide a response on anti-discrimination from Captain James. Thank you, Chair.


Jamaica · Captain; Director, Human Rights Policy Branch, Ministry of Justice and Constitutional Affairs [2:56:49]:

Thank you, Ms. Turner, and also thank you to the member. I just wish to note that section 13, three I of the chapter three of the constitution, the charter of fundamental rights and freedom, provide for the right to freedom from discrimination on the ground of being male or female, race, place of origin, social class, color, religion, or political opinion. The constitution applies to all persons in Jamaica. Whilst Jamaica does not has an anti-discrimination legislation, we have multiple legislation that protects the additional rights that is not entrenched in a charter, for example, the Disability Act. However, the government, as mentioned earlier, is now advancing a process of constitutional reform, which includes the transition towards a republic form of government. As part of this process, the second phase of constitutional reform will contemplate a review of the Charter of Fundamental Rights and Freedom, which provides a valuable opportunity to reflect on the evolution of its human rights framework and to consider measures that may enhance its protection of fundamental rights and freedom. Jamaica continues to make strides in ensuring safeguards against discrimination by instituted a targeted approach in legislative and policy development. Thank you.


CCPR · Chair [2:58:26]:

Okay, thank you very much. Thank you very much for all the replies provided by the delegation to our questions. Some questions, I feel that it is still not answered, but I believe you will provide more answers tomorrow morning, and also we may provide answers in written form later. But I wish you have a nice evening and nice rest, and I look forward to the dialogue which is more constructive tomorrow morning. Thank you. The meeting is adjourned. Thank you.