4301st Meeting, 146th Session, Human Rights Committee (CCPR)
Human Rights Treaty Bodies
Date: 27 October 2026
Language: English
Transcript: https://transcripts.un.org/en/ccpr/4301
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.

---

Speaker 1 [1:29]:

Test sur le floor, 1, 2, 3, 4, 5, 6. Test sur le floor, je répète, 1, 2, 3, 4, 5, 6. C'est tout bon?


CCPR · Chair [14:57]:

Dear members of the committee, distinguished delegation, good morning. I hope you had a good rest. This is meeting number 4301. It is a public meeting and on webcast. This morning, we will continue the constructive dialogue with the delegation of Jamaica. As agreed yesterday at the end of the meeting, The delegation will have 15 minutes to respond to outstanding follow-up questions related to the first part of the list of issues prior to reporting. So I would like to now give the floor to Your Excellency, Madam McFarlane.


Jamaica · Permanent Secretary; Alternate Head of Delegation [15:45]:

Good morning, members. Good to be back here again this morning. At this time, I'm going to ask that we be allowed to respond to some outstanding questions from yesterday. And I crave your indulgence about 15 minutes. DPR Turner will assist me in identifying the, leading us through the responses to the questions. DP.


Jamaica · Deputy Permanent Representative [16:15]:

Thank you, head of delegation. Good morning to the delegation, to the members of the Committee. I will now take from issue 1 for some of the questions that were inadvertently omitted for responses yesterday, re-accession to OP1 of ICCPR to allow access to justice for victims, as well as the role that the OHCHR can play in supporting Jamaica's constitutional reform efforts and considerations for the NHRI. I'll ask Ms. Gale to address the So, Captain James rather to address the first question on OP1, and then I'll turn to the Permanent Secretary on the question regarding the NHRI as it relates to consensus on establishment that was specifically asked, and Ms. and Captain James will address the prior question. You have the floor, Captain.


Jamaica · Captain; Representative [17:04]:

Thank you, and good morning to the Chair and members of the Human Rights Committee. The question I wish to address is whether the International Covenant on Civil and Political Rights has, sorry, regarding the optional protocol. The government of Jamaica has at this has not, at this time, indicated a formal decision to do so. Any future consideration of this matter would be subject to the relevant national processes and consultations. However, individuals in Jamaica may access other avenues for international rights protections. In this regard, the Inter-American Commission on Human Rights provides a regional mechanism through which individuals may submit petitions alleging human rights violation subject to the Commission's applicable procedures and requirements. Jamaica remains committed to the promotion and protection of human rights and recognizes the importance of accessibility to mechanism for the consideration of alleged human rights violation.


Jamaica · Deputy Permanent Representative [18:24]:

All right, thank you, Captain James. So that would have covered all three questions as it relates to the All right, so we'll return to Captain James for the response on the support that the OCHR can provide to the NHRA.


Jamaica · Captain; Representative [18:47]:

Thank you, Ms. Turner. I will address the recommendation for the OCHR to provide funding to Jamaica to support capacity building initiatives. Jamaica remains committed to strengthening its institutional capacity and welcomes opportunity for capacity building and technical cooperation. We take note of the recommendation for the Office of the United Nation High Commissioner for Human Rights to provide capacity building support to Jamaica in relation to the establishment of a national human rights institution and also the constitutional reform process. This recommendation has been duly noted and will be conveyed to the relevant authorities for consideration when these matters are being discussed.


Jamaica · Deputy Permanent Representative [19:42]:

Okay, thank you, Captain James. I want to thank Member Rochelle yesterday for the further explanation that was given as to the question asked about the workplace policy and the normative status of STIAMS, specifically what would happen in the case if there was an employee who was fired from a private company on the basis of their HIV status. I'll ask Ms. Lee to just respond to that question.


Jamaica [20:20]:

Thank you very much, D.P.R. Turno. The National Workplace Policy serves as an important guiding framework for promoting inclusive and equitable workplaces. While it is not independently enforceable, persons may seek redress through other applicable legislation and established legal and administrative mechanisms where relevant. The policy is a framework for action by the government, employers, and workers to deal effectively with HIV/AIDS at the workplace. It complements and aligns with other relevant policy frameworks, including the 2023-2030 National Strategic Plan for HIV and varying legislations. If there is unauthorized disclosure of an employee's HIV status, it may also be a breach of the Data Protection Act 2020, as health information may be considered personal data. Depending on the circumstances, the breach may result in an investigation by the Office of the Information Commissioner and a claim for compensation, disciplinary action, or other regulatory enforcement may apply where the legal requirements are satisfied. Where an employee is dismissed on account of their HIV status, the matter may constitute HIV-related discrimination in employment. The affected individual may seek redress through the HIV unit of the Ministry of Labour and Social Security, which is specifically mandated to treat with workplace HIV policy related discrimination, and provides a legal redress mechanism for such complaints. In practice, complaints received by the HIV unit are assessed and referred through the ministry's established labor dispute resolution mechanisms, including the pay and conditions of employment branch, which investigates and seeks to resolve complaints relating to terms of employment, including allegations of discriminatory dismissal. This serves as an important redress mechanism for employees who allege that they have suffered adverse treatment in the workplace based on their HIV status. Specific legal consequences will depend on who disclosed the information, how it was exposed, and whether the disclosure was lawful or whether it resulted in discrimination or harm. Thank you.


Jamaica · Deputy Permanent Representative [22:35]:

Thank you, Ms. Lee. We'll now turn to a response from Ms. Walker. On the issue 9 questions that were raised, decriminalization of abortion in the context of rape and incest, the member Sirlon referred to general comment 36, paragraph 8, as well as those related questions under that issue. Ms. Walker.


Jamaica [23:05]:

So the abortion law reform in Jamaica remains pending. Women and girls who bear children as a result of rape or incest may take advantage of already established social and welfare programs designed by the government of Jamaica for all women and girls who are mothers. These programs include the Program of Advancement through Health and Education. They may also access vocational training and certification programs through the Heart Trust and NSTA, Jamaica's National Skills Training Program, to acquire marketable skills and enhance their employment opportunities and complete formal education through enrollment in the Women's Center of Jamaica Foundation, which has facilities across the island for pregnant girls and adolescent mothers of school age. The WCCJF facilities across the island provides educational, counseling, and support services primarily to pregnant adolescents and teenage mothers with the objective of facilitating their continued education and reintegration into the formal school system, thus equipping them with the secondary education required to enter the formal work structure to gain employment and earn.


Jamaica · Deputy Permanent Representative [24:27]:

Thank you, Ms. Walker. We'll now move to the issue 8 questions to be taken by Ms. Bailey regarding the update and progress made in the comprehensive review of the DVA in 2024, as well as any plans to expand the definition in that act to include psychological, emotional, or sexual violence. Ms. Bailey.


Jamaica [24:48]:

Good morning. In 2016, a joint select committee of parliament was appointed to review offenses and punishments under several key pieces of gender-based violence legislation, including the Domestic Violence Act. In this particular context, the JSC was tasked with making recommendations for legislative amendments which would offer greater protection and redress. The Domestic Violence Amendment Act 2023 was passed in the House of Representatives on December 19, 2023, and by the Senate on December 21, 2023. It came into effect on January 22, 2024. The Domestic Violence Amendment Act strengthened the legal framework for protecting survivors of domestic violence as well as victims. Importantly, the recently passed amendments to this legislation provide for the increased protection of victims and survivors of domestic violence and improved legal recourse relative to previous versions of the legislation. Section 3 deals with the expansion of the category of persons allowed to apply for protection orders on behalf of the abused, including the Office of the Children's Advocate, where the conduct is threatened against a child. Section 41 deals with the expansion of the conduct or behaviors that the court may prohibit the respondent from engaging in, for example, taking possession of converting or otherwise dealing with property in a manner which constitutes abuse of the prescribed person. Section 4, two, widening of the threshold to be met in obtaining protection orders, that is on a balance of probabilities test. Section five, the penalty for the breach of a protection order increased from 10,000 Jamaican dollars to a maximum fine of 1 million Jamaican dollars, and from six months maximum sentencing to one year. A new Joint Select Committee of Parliament was also named to consider further amendments to the Domestic Violence Act. The first meeting of the new JSC was convened on March 20, 2024. Meetings remain ongoing, with the most recent meetings of the JSC being held on October 22, 2026. We note the query regarding filling in the gaps in relation to the various forms of domestic violence. At this time, the DOJ wishes to remark that, in its whole-scale review of the Act, the JSC has been reviewing applicable solutions to filling the various gaps in our domestic legal regime in respect of domestic violence, and we await the outcome of those deliberations.


Jamaica · Deputy Permanent Representative [27:27]:

Thank you, Ms. Bailey. I'll now return to Captain James. We'll be taking a number of questions in one go here, noting the time. So, Captain James will respond to some of the statistics requested as it relates to anti-discrimination and as well as the BJA tribunal. She'll also respond to the question posed by Member Serlon regarding the 2024 local government elections. And there's another question that you'll also take after Thank you.


Jamaica · Captain; Representative [27:59]:

Thank you. Based on statistics received from the Office of the Public Defender for a five-year period, 15 complaints were recorded concerning the right to life, while six complaints related to equality and freedom from discrimination. The office further indicated that it has received no recorded complaints specifically relating to discrimination on the grounds of sexual orientation. With reference to the statistics requested for the sexual harassment tribunal, the Bureau of Gender Affairs, sexual harassment tribunal has recorded 31 complaints. Of the 31 complaints, four were males and 27 were females. Of the 31 complaints, 12 are from the public sector and 15 are from the private sector. Three are from educational institution and one from a domestic sector. Of the 31 complaints, 26 are closed, one complaint is pending, one complaint was withdrawn, and three cases proceeded to hearing. With reference to The information for politics, female representation in politics, Jamaica has maintained a steady progress in increasing Jamaicans women participation in elected office. Following the September 2025 general election, 19 women were elected to the 63 member houses of representatives, representing approximately 30% of its membership and the highest level of female representation recorded to date. This marks a modest increase from 18 women in 2020. At the local government level, however, the gender gap remains more pronounced. Women accounted for just over 19% of councillors following the 2016 local government elections. The National Policy for Gender Equality suggests that special measures such as legislated gender quotas are implemented to address the lack of proportional representation of women in politics. It is recommended that there should be a 30% minimum distribution of women among persons appointed to the Senate and the Board of Public Bodies. This consideration was adopted in the government of Jamaica's policy guidelines for the nomination, selection, and appointment of boards and public bodies published by the Ministry of Finance in 2018. Jamaica is supporting women in participation in politics and public life through institutional support, leadership, development, and targeted measures to improve representation.


Jamaica · Deputy Permanent Representative [30:58]:

Thank you, Captain James. There are some outstanding questions to which we'll respond in writing, specifically, what is the legal status of a biological father in the case of a pregnancy due to rape or incest, as well as a question from Member Helfa yesterday on the possibility of a policy of non-enforcement that was raised during the discussions. Thank you, Chair.


CCPR · Chair [31:22]:

Thank you very much for your replies. Now I want to move to the next second round of the questions. First, I'll give the floor to Mr. Helfer.


CCPR · Committee member [31:38]:

Thank you, Chair, and a very good morning to the delegation. Today, I will focus on LoIPR issues 13, 23, and 24. Beginning with issue 13, this Committee notes with regret that the State Party is not considering abolishing the death penalty or ratifying the Second Optional Protocol. We nevertheless recognize that the Government has maintained a de facto moratorium for many years. Regarding the moratorium, we understand that prosecutors continue to seek the death penalty. Please explain how the moratorium applies or affects prosecutors’ charging practices for defendants facing murder and other serious criminal charges. The Committee is also concerned that government officials have made public statements calling for restoring the death penalty. What steps will the State party take to counter this political rhetoric and avoid backsliding on the de facto moratorium? Wrongful convictions are well documented in Jamaica. Most recently, in June 2026, the murder conviction of Austin Reed was quashed by the Court of Appeals due to an unreliable witness identification. In 2022, the Privy Council overturned a murder conviction in light of new forensic evidence for a convicted person who had spent more than eight years in prison. While Jamaica is to be commended for reversing these particular miscarriages of justice, The Committee would appreciate clarification regarding the legislative framework. Article 28 of the Judicature Act allows the Court of Appeals to consider new evidence of innocence under certain circumstances, but there appears to be no direct and mandatory avenue to judicial review of such evidence once the appellate process is complete. Please explain how Jamaica ensures that convicted persons in capital cases who have completed the appellate process can introduce newly available evidence of innocence, as recommended in the Committee’s General Comment 36 on the right to life. Turning to issue 23, the Committee understands that a 2023 amendment to the Child Care and Protection Act eliminates incarcerating children who are deemed “beyond parental control.” Yet three years later, the amendment has not entered into force. We understand the amending act will apply to children with "behavioral challenges," an undefined phrase that could still result in over-detention of children. The amending act also presupposes the existence of residential treatment facilities. Yet in April 2026, the Children's Advocate informed Parliament that such facilities are lacking. Please explain when the amending act will come into force and how many facilities exist to house and treat children subject to residential therapeutic orders. The committee commends the state party for adopting the child diversion program, under which a child may be referred to community-based intervention rather than criminally charged. We understand that of the 1,450 referrals between 2020 and 2024, only 218 were initiated by the police, with the remainder occurring after a charge had been filed. What steps is the State party taking to expand police-initiated diversions? With regard to children deprived of their liberty, the Committee would appreciate information regarding Act No. 13 of 2025, which replaces section 78 of the Child Care and Protection Act. According to information received, the amendment provides that a child ages 14 to 17 convicted of capital murder is to be sentenced to life imprisonment or to a term of not less than 30 years with no possibility of parole for at least 15 years. In addition, section 78 and 78 of the Act authorize the Minister to detain child offenders in adult correctional centers. Would the delegation please explain how the 30-year sentencing floor and placement in adult correction centers are consistent with Article 10 of the Covenant, which requires juvenile offenders to be segregated from adults and receive treatment appropriate to their age and legal status? The Committee also has questions about the conditions and monitoring of juvenile detention centers. Please tell us about the use of isolation in such detention facilities as a punishment for infractions. In addition, how many inspections of such facilities were conducted during the reporting period, and have any inspection reports been published? The State Party report provides Regrettably, no statistical data on children deprived of their liberty. Would the delegation please provide that information now? In particular, for each of the last five years, please explain how many children were detained and how many were subject to alternative arrangements. Turning to issue 24, credible reports indicate that violence against youth remains widespread. In 2024, UNICEF recommended that Jamaica strengthen and reauthorize the 2018 to 2023 National Plan of Action for an Integrated Response to Children and Violence. Relatedly, a May 2025 report of the National Commission for Violence Prevention expressed concerns about violence in Jamaica more broadly. Please comment on the State party’s response to these reports, including whether it will adopt a comprehensive national action plan to combat violence against youth. The Committee has received credible reports that over 70% of trafficking victims in Jamaica are children. We understand that the previous National Action Plan to Combat Trafficking in Persons lapsed in 2021, but that a new plan has been tabled in Parliament for 2026. Please explain what concrete measures Jamaica is taking to prevent child trafficking and when it expects to adopt the revised national action plan. The Committee has also received reports that sexual abuse of children remains underinvestigated and underprosecuted, in part due to high court caseloads and the limited resources made available to Jamaica’s Constabulary Force. Please inform the Committee how many investigations and prosecutions were carried out during the reporting period and the strategies for improving enforcement. The State Party has indicated that the Office of the Children’s Advocate reviewed a total of 886 new reports in 2025, which was an 11% increase over the previous year. Additionally, SafeSpot, Jamaica’s national child and teen helpline, recorded a 115% increase in calls in 2025. In light of this increased demand, how will the State Party ensure that sufficient human and financial resources are provided for these services? The Committee also has questions about the protection of male victims of sexual violence. Unlike legal provisions for female victims, reports indicate that the Offences Against the Person Act does not empower a court to make custody orders in cases involving sexual violence against boys. Please clarify the legal framework and explain how the State Party ensures that both male and female victims of sexual violence are protected from perpetrators. The final topic in issue 24 concerns corporal punishment. The State Party has expressed a commitment to prohibiting corporal punishment in all settings. However, although a policy against such conduct exists in some schools and residential facilities, a binding legislative ban has not been adopted. In addition, reasonable chastisement remains a defence in the common law. Please explain what concrete steps the State Party will take to implement its commitment to a comprehensive ban on corporal punishment. both in legislation and in judicial practice. Those are my comments for this morning, and I very much look forward to your responses.


CCPR · Chair [40:02]:

Thank you very much, Mr. Helfer. Now I give the floor to Mr. NDIA.


CCPR · Committee member [40:12]:

Thank you very much indeed, Chairman. I should like once again to extend a warm welcome to the delegation. I hope they've had a good night's rest. This morning I wanted to talk about the right to life, particularly paragraph 14 on the general framework. Paragraph 95 calls the framework robust and rights-based without specific criteria or benchmarks. It refers to escalating rates of crime. What indicators and independent evaluation are used to assess the framework's effectiveness? And over what period does the state party consider crime to be escalating? What specific mechanisms do you have, such as training, oversight, reporting, which give practical effect to the rights-based approach in crime suppression operations? Let me turn now to the states of emergency. and the Special Operation Zones, the ZOSOs. The Inter-American Commission has expressed concern at Jamaica's continued use of states of public emergency. there is no regular public or parliamentary accounting of the rights created and restricted in each zone, of the searches and detentions carried out, or of the charges and convictions attributable to the declarations. An evaluation was announced for 2026. How do the constitutional emergency regime and the Zozoa Act relate to each other? How does the state party respond to that concern by the Inter-American Commission that exceptional measures have become a permanent feature of security policy, and to the Campbell ruling vis-à-vis the unconstitutionality of the zones. What objective criteria are used to designate and to extend these zones, and what judicial review is open to residents and what is the average duration over time, including extensions? Will the results of the 2026 evaluation or assessment be published? I'd like to know, if possible, how many people were detained under the zone's authority during the reporting period and how many were charged. What safeguards and complaint mechanisms are available to residents during curfews, searches, and checkpoints, and how many complaints have been received? Let me turn now to paragraph 97, which talks about body-worn cameras. In your report, paragraph 97 in the framework requires that body-worn cameras as far as possible in ZOSA operations. Data from 2024 indicated only about 208 operational cameras across six divisions under emergency measures, plus 32 helmet cameras for military personnel. It's been indicated that to date, no operation leading to a civilian fatality involved body-worn cameras, and a minister has stated that cameras would not be worn in operations involving armed suspects. What criteria make wearing a camera not possible, and who decides? Does the minister's statement reflect official policy, and how is that reconciled with the accountability objectives? What are the current figures for personnel equipped with working cameras? What discipline measures apply to officers who fail to activate or fail to wear them? What proportion of fatal shootings in planned or special operations have been filmed, and is footage systematically provided to Intercom?

I turn now to some questions on gang and vigilante violence. Paragraph 99. It states that disaggregated statistics on vigilante violence are not maintained, and this despite a previous request of the Committee. Civil society representatives confirm that disaggregated investigation, conviction and remedy data related to gang and vigilante killings are not published. Against that backdrop, what steps are being taken to collect disaggregated data on vigilante violence? How many victims of gang or vigilante violence have accessed psychosocial support and/or legal aid? And also a question, do victims of vigilante violence have equal access to all victim services, over and above psychosocial support and legal aid. Speaking of legal aid, I now have some questions thereon. Paragraphs 150 to 151 of the report describe the duty counsel scheme in general terms. This is not a general civil legal aid scheme, as I understand things. Domestic violence protection order proceedings, for example, fall outside its core practice, and about 90% of consultation requests concern divorce. What legislative, budgetary or institutional measures have strengthened the Council's capacity during the reporting period? Please provide information on the potential for reform of the Legal Aid Act and how many unmet requests there have been under the Legal Aid Act. On delays and backlog, paragraph 157 cites a single data point concerning the parish court criminal division covering the second quarter of 2024. So we would like some updated information. as to what data we might be able to obtain vis-à-vis the backlog of requests that have not yet been dealt with, as well as information on the clearance rate and the average case processing time data for the Supreme Court, the Court of Appeal, and the parish courts, disaggregated by criminal and civil cases? How does the State party reconcile reported improvements with multi-year delays in cases of alleged abuses by security forces? I now have some questions concerning the Special Coroner. It seems that the Special Coroner's Court recorded 67 new filings and disposed of 24 in 2024, and in the third quarter of 2025, it filed 12 new cases and disposed of two. A significant number of those concluded inquiries ended in open verdicts, leaving families without a decision to charge or a reasoned answer. Do you intend to take measures to reduce delays in the functioning of the Special Coroner’s Court, consistent with the duty to investigate deaths at the hand of state agents promptly, as provided for in article 6 and 14 of the ICCPR? How many inquests have ended in open verdicts, and how many of them were then referred to the Director of Public Prosecutions for a decision to prosecute or charge? Turning now to the independence of the judiciary and the prosecution. Paragraphs 161 to 165 of the report describe largely pre-existing constitutional arrangements, but we would like to know what concrete measures have been taken to strengthen the independence of the judiciary and the Public Prosecution Service during the reporting period. Also to ask, what is the process for removing a Director of Public Prosecutions? And what safeguards are in place to protect the institutional and budgetary independence of the Office of the Director of Public Prosecutions? What measures are in place to protect the personal security and independence of judges and prosecutors, and have any cases of intimidation or interference against these individuals been documented, and if so, what has the response to that been? Coming now to some questions under paragraph 22, right of peaceful assembly. Under Part 1 of the Public Order Act, a public march in daylight is unlawful without a permit to be applied for at least three days before the event. The officer may refuse it or grant it or fix the route and hours. Is the requirement a notification or a prior authorisation? May an assembly lawfully proceed if organisers have notified the authorities but no permit has been granted? How is this compatible with Article 21 and General Comment No. 37? What exceptions exist for spontaneous assemblies? Do the Act's restrictions criteria go beyond the constitutional grounds cited in paragraph 192? Is imprisonment for assembling without a permit compatible with proportionality under Article 21? In your view, how many people have been fined or imprisoned? Fines have not been revised since 1967, according to paragraph 194 of your report. Turning now to use of force, paragraph 192 of the report states that force will be used against violent unlawful assemblies. Can the delegation confirm that lack of authorisation or notification does not, in and of itself, make an assembly automatically non-peaceful or justify force absent violent conduct? What were the outcomes of the 2021 arrests, and was anyone charged solely for lack of authorisation? I would also welcome it if you could provide statistics on the use of force in policing assemblies, and also if you could describe the specific training given to officers assigned to such assemblies. Also to ask, what does the community policing philosophy concretely entail, and how has it changed, if it has changed, the policing of demonstrations? I look forward to your responses. Thank you very much.


CCPR · Chair [49:52]:

Thank you very much, Mr. Ndinya. Now I will give the floor to Madame Abdoul-Rachid.


CCPR · Committee member [50:04]:

Thank you very much, Chair. I once again welcome the distinguished delegation from Jamaica and thank them for the answers that they have provided to the questions I asked yesterday. This morning, my first question pertains to paragraph 15, prohibition of torture and cruel, inhuman or degrading treatment. This also ties into paragraph 44 of the previous concluding observations. I would like to address some aspects that the report does not cover, and this partially on the basis of information received from other sources. I begin with some questions on criminalization. Paragraph 102 of the report refers to the constitutional guarantee and to the abolition of flogging, but does not mention a specific offence of torture. Does the State Party intend to criminalise torture as a separate standalone offence, with a definition in line with international standards that covers attempt, complicity and superior responsibility, as well as penalties commensurate with the gravity of the crime of torture, and the assurance that there will be no statute of limitations applied to cases of torture? Is the State Party considering ratifying the Convention against Torture and its optional protocol. Now some questions on data. The report contains no specific statistics on torture. We would welcome data from 2016 onwards on complaints of torture and ill-treatment inflicted during interrogations or to obtain confessions or information, indicating investigations, prosecutions, convictions, and sanctions, both criminal and disciplinary. On independence and transparency, According to paragraph 106, the Inspectorate and Professional Standards Oversight Bureau, which is a part of the police force, plays a key role in investigating such acts of torture or alleged torture. How is the impartiality of investigations guaranteed when they are being conducted by the institution to which the alleged perpetrators belong? According to information received, The Standards Oversight Bureau does not publish data on the number of complaints received or the outcomes of the investigation of said complaints. Does the State Party intend to publish such data regularly? Redress. What mechanisms enable victims of torture and cruel, inhuman or degrading treatment to obtain full reparation, including compensation and medical and psychological rehabilitation where appropriate? Exclusion of evidence. What rules or standards ensure that statements obtained through torture or ill-treatment are not admitted as evidence, and how often have the courts applied such rules or standards, if they exist? Training. Does the training described in paragraphs 104 and 105 of your report include the Istanbul Protocol and the Principles on Effective Interviewing for Investigations and Information Gathering? Turning now to freedom of expression, paragraph 20, which covers Article 19 of the Covenant and General Comment number 34. Here, the Committee recognises Jamaica's strong and robust tradition of press freedom and the decriminalisation of defamation in 2013. We have taken note of the security of tenure of the members of the Broadcasting Commission described in paragraph 180 of the report. Regarding the 2022 directive banning broadcasts deemed to glorify violence, drugs or fraud. Paragraph 178 of the report indicates that no complaints have been submitted under this directive. However, the Committee’s question concerned very specifically the compatibility of the measure itself, i.e. your 2022 directive banning such broadcasts, with Article 19, paragraph 3 of the Covenant. According to information received, the regulations on which it is based do not define "glorify", and the directive extends even to similar-sounding words and samples, and it does not apply to digital platforms, only seemingly to terrestrial broadcasts. How are legal certainty, necessity, and proportionality ensured in measures under the directive, and why were less restrictive measures such as time-slot restrictions or advisories not chosen instead? Are decisions individualised and reasoned, and is there an option for appeal before an independent body? What objective criteria govern the allocation of state advertising, and how are pluralism and the sustainability of independent media promoted? The report does not respond to the part of the Committee’s question concerning journalists and human rights defenders. According to information received, defenders, including environmental defenders, face intimidation, harassment, and in some cases, violence. Is there a specific protection mechanism for these defenders, and how many cases of threats or attacks have led to prosecutions? The Committee has also received information about statements by authorities describing civil society organisations as “criminal sympathisers”. What measures are taken to ensure that public officials refrain from such statements that stigmatise civil society organisations? Finally, does the State Party intend to review the Towns and Communities Act of 1843, which criminalises the use of indecent or profane language in public spaces? I now turn to the last issue that falls under my purview, which is paragraph 21, access to information and freedom of association. And I will be asking some questions which are in follow-up to paragraph 48 of the previous concluding observations concerning Jamaica drafted by this Committee. I thank the delegation for the extensive information on the work of the Access to Information Unit and on the virtual hearings of the Access to Information Appeal Tribunal, which facilitates the participation of persons in rural areas and persons with disabilities. I also take note of the fact that in January 2026, the Government announced the expansion of proactive disclosure and an agency performance report card. What is the timetable for the actual enactment of these measures? Does the State Party intend to extend the Act to private entities that perform public functions and/or receive public funds? According to paragraph 185, the Appeal Tribunal cannot quash exemption certificates issued under section 23, which remove the document from its review for a period of 20 years. How is this limitation of exemption certificates reconciled with the requirement of independent review. According to a study published in 2026, 37.8% of requests received no response, and only 30.6% were answered within the statutory time limit. In addition, the Appeal Tribunal's term expired in February 2024 and was not reviewed until October of that year, leaving many appeals unheard in the intervening six-month period. What measures have been taken to ensure compliance with time limits and the continuity of function of the Tribunal? Very specifically on freedom of association, according to information we have received, in September 2026, so last month, the government announced the repeal of the Charities Act. and the introduction of new non-profit organisation legislation. How will early and meaningful consultation with civil society be ensured on this new planned legislation before the Bill is tabled to Parliament? Will it include obligations proportionate to the size and actual risk of each organisation, an express non-discrimination clause, recognition of human rights advocacy as a legitimate activity, and judicial review of any refusal or revocation of registration? Thank you very much, Chair, and thanks in advance to the distinguished delegation. I look forward to your replies to my questions.


CCPR · Chair [58:17]:

Thank you very much. Now I will invite Madam Searle.


CCPR · Committee member [58:27]:

Good morning, and welcome back, the delegation of Jamaica. Thank you for your additional answers that you provided us with, specifically. due to my questions pending from yesterday. And today, I will address issues number 16 and 17, and I'll start with issue 16. We appreciate the information provided in response to the Committee's questions regarding detention facilities and conditions of detention. We note the efforts undertaken by the Government to improve infrastructure and access to health care in correctional facilities. However, we remain concerned by reports indicating that serious challenges persist in Jamaica's prisons and police detention facilities, including overcrowding, inadequate sanitation, poor infrastructure, and difficulties in providing appropriate care for persons with mental health conditions. Furthermore, available figures indicate that the adult prison population increased in 2025. In this regard, could the State Party clarify the following? What measurable progress has been achieved in reducing overcrowding since the previous reporting period? The State Party indicates that two of its 10 correctional facilities are operating above their ideal capacity and refers to the transfer of eligible prisoners to lower security institutions. What additional measures are being implemented to reduce overcrowding in these facilities pending the establishment of the proposed new maximum security facility? What concrete steps has Jamaica taken to reduce the use and duration of pre-trial detention, ensure that detention is imposed only when very necessary and proportionate, and expand the use of non-custodial alternatives? While the State party refers to section 30 of the Corrections Act, it does not explain how separation of persons awaiting trial from convicted prisoners is ensured in practice. Please clarify whether they are housed separately in every facility, including where overcrowding creates operational constraints, and indicate what monitoring and corrective measures are in place to ensure compliance with article 10 of the Covenant. We note your reply with regard to sanitation arrangements, food supply contracts, and medical screening within 48 hours of admission. What independent inspections are conducted, and what corrective action follows when deficiencies are identified? We also note that the Bail Act was enacted in 2023, providing for bail at the pre-charge, post-charge, and post-conviction stages in specified circumstances. Could you share your experience with implementation of the Act? What criteria guide decisions to grant or refuse bail, and has the Act helped reduce overcrowding in correctional facilities? The Committee notes that section A8(11) of the Bail Act 2023 permits courts to impose electronic tracking devices as a condition of bail. Please clarify whether the necessary regulations technical arrangements and operational capacity are in place to implement this provision? Has the State Party considered introducing or expanding electronic monitoring and other non-custodial alternatives to pre-trial detention as a means of reducing overcrowding in detention facilities? Turning to issue 17. The State Party acknowledges that despite increases in investigations and prosecutions, challenges remain in securing convictions. Could the delegation provide information on what measures have been taken to address the gap between investigations and convictions, including delays in proceedings and difficulties in securing this victim testimony? What practical measures have been taken to reduce delays in trafficking proceedings, prevent repeated or re-traumatising interviews, and protect victims and witnesses from intimidation? The State Party lists a range of forms of restitution available to victims under the law. Where perpetrators are insolvent or restitution cannot be recovered, is there any alternative mechanism to ensure that victims obtain effective redress, including compensation for physical and psychological harm, lost income, and rehabilitation costs? The Committee notes that your report identifies sexual exploitation as the predominant form of trafficking, but provides limited information on labour trafficking. Could the delegation explain what measures are being taken to proactively identify victims of forced labour, including migrant workers and persons employed in domestic work, agriculture, construction, and other informal sectors? What safeguards ensure that potential victims are not overlooked or incorrectly classified? Could you please indicate the number and capacity of available shelters, including accommodation for adult men, and explain how the Government ensures that assistance continues throughout lengthy criminal proceedings and after victims leave shelters? The Government response refers to the National Plan of Action for 2018-2023. 2021, as extended. Could the delegation clarify what national strategy currently governs Jamaica’s anti-trafficking response, whether a successor plan or policy has been formally adopted? And at the end, We noted that the State Party lists numerous training initiatives for police, judges, prosecutors, immigration officials, labour officers, and other professionals. Could the delegation indicate whether training is mandatory and regularly updated, and explain how its effectiveness is evaluated? These would be my questions for now. Thank you. Looking forward to your answers.


CCPR · Chair [1:04:42]:

Thank you very much, Madame Zoulan. I will give the floor to Mr. Carrazo.


CCPR · Committee member [1:04:50]:

Thank you very much, Chair, and good morning, and welcome once again to the delegation of Jamaica, to the ladies and gentlemen of the delegation. I will be addressing the rights of migrants, refugees, and asylum seekers. Now, Jamaica is located in close proximity to two islands. from which there are regular departures of persons looking for new living standards, new living opportunities, either on a regular or informal basis. The exodus of persons from Haiti has grown significantly over the last few years and has led to international decisions seeking to provide greater humanitarian support to these migrating Haitians. And Jamaica is, of course, the nation closest to Haiti and the one which would be closest as a destination for these Haitian migrants. And it seems that minimum conditions do not exist in Jamaica to ensure humane and dignified treatment to these migrants, according to information that we have received. And some of these questions have been referred to my colleague Mr. We also received this leaflet, which talks of conditions in the detention centres for migrants in Jamaica. This leads me to my questions. What progress has been made in the revision of the 2009 refugee policy? And what is the timeline envisaged for the adoption of a new, holistic and more modern piece of legislation covering the protection of persons seeking refugee status in Jamaica? Could the delegation provide disaggregated data covering the period 2021 to 2025 on the number of requests for recognition of the status of refugee received, granted and denied? Could they also provide such information on the number of requests pending resolution? We would also welcome information on the average time for processing of these requests, the number of decisions that have been overturned on appeal, and the number of persons who have been returned. including those cases involving persons who have expressed a need for international protection. Given the lack of safeguards against non-refoulement in practice, and on the basis of allegations received by the Committee on frequent collective deportations or expulsions, I would welcome it if the delegation could describe those legal and administrative safeguards in the State Party that guarantee that no person in need of international protection will be expelled, deported, extradited, blocked, returned or transferred to their country of origin. I would also like to refer to the recent agreement signed between Jamaica and the United States of America. Could the State Party provide information on the safeguards established in that agreement in order to ensure that the deportation of third third-party nationals or third-state nationals to Jamaica, and the implementation of the agreement respects the rights established in the International Covenant on Civil and Political Rights. I would like to ask: when did the agreement with the United States start to be applied in practice? How many trips have been carried out so far? How many people have been deported from the United States to Jamaica? And how many persons do you anticipate will be deported under this agreement under its first year of operation? Could you also share with us whether any of the persons deported under this agreement to the United States have requested refugee status in Jamaica, and has the process begun to grant them, if so? Have any of them requested residency in Jamaica? Could you also inform the Committee where the persons deported from the United States under this agreement are housed, and what are the living conditions in these centres where they are housed? Do persons deported under the agreement with the United States have the right to freedom of movement in Jamaica? Are they provided with any form of official identification, card, etc.? I will now turn to some questions I have vis-à-vis the rights of indigenous peoples and minorities. And I will refer once again to a pamphlet we have received on conditions in mining operation lands, particularly those in Cockpit country. I would like to begin by asking a question about the legal criteria that underpin the affirmation by the State Party that there are no indigenous peoples in Jamaica. This despite the recognition of the Taino and Maroon cultures. I would also ask how do the Taino and Maroon cultures self-identify as such? I would also ask what measures have been taken to guarantee the effective participation of the Maroon and Taino communities in legislative, administrative, and constitutional decisions that affect their rights, land, and resources? Do these communities, the Maroon and the Taino, in the Do these Maroon and Taino consultation participate in the consultation surrounding the ongoing constitutional reform process, and how are their proposals incorporated? What progress has been made and what concrete measures have been enacted in the wake of the dialogue with the Maroon community on land rights and local representation following their meeting with the Prime Minister in 2022? What mechanisms exist to guarantee free, prior and informed consent with local communities, including indigenous communities, before granting mining licences? I would also welcome some information on the outcome of the investigations into events that occurred in Cockpit Country in 2022. We’d also welcome some information surrounding the use of force in the Quickstep community in 2024. I’ll leave it there. Thank you very much indeed.


CCPR · Chair [1:11:02]:

Thank you very much. These are questions this morning, so I will suspend the meeting for 15 minutes to allow the delegation to prepare the replies. Meeting is suspended. We will resume the meeting, and I will give the floor to the delegation for the replies to the questions posed by the members. Please, you have the floor, madam.


Jamaica · Permanent Secretary; Alternate Head of Delegation [1:39:59]:

Okay, thank you. Okay, we will do our best to answer as many of the questions as we possibly can, based on the number of questions that were posed, some of the data, we are still yet to get, and it's still early morning in Jamaica, so we will do our best to respond to as many as we can and then provide what we can't in writing. C.D.


Jamaica · Deputy Permanent Representative [1:40:27]:

Thank you, head of delegation, and thanks again to the members for all the questions posed. We'll begin with the questions posed on anti-trafficking. Ms. Brown will take those questions. Ms. Brown, you have the floor.


Jamaica [1:40:52]:

Good morning, everyone. So first, I wish to start with stating that the principal legal instrument for trafficking in persons in Jamaica supports the work of the government in its national anti-trafficking coordinating mechanism. This act is in line with the United Nations Convention on Transnational Organized Crime, and it is, we coordinate using the three paradigms, which is prevention, prosecution, and protection of victims. The government continues to utilize the National Action Plan as it seeks to, and as we also seek to finalize our new national policy to combat trafficking in person and a new national implementation plan, which will be used to coordinate our efforts nationally. I wish to emphasize that Jamaica's constitutional commitment to the protection of fundamental rights and freedom, as well as its obligation under the international and regional human rights and criminal justice instruments, is embedded in all of our protocols and SOPs. The policy provides, the policy that we are developing will provide a strategic direction for our national anti-trafficking efforts and establish a coherent framework to guide actions of the government, ministries, departments, and agencies, as well as civil organizations which form a part of our national task force against trafficking in persons. The policy draws heavily on the United Nations recommended principles and guidelines on human rights and human trafficking, which provides practical rights-based policy guidance on combating trafficking in persons. Importantly, I wish to interject here that as part of the government of Jamaica's Hurricane Melissa recovery efforts, the Prevention Subcommittee of the National Task Force developed a strategy to assess and support trafficking victims or survivors, as well as vulnerable persons to exploitation. The strategy adopts some multi-sectoral survivor-centered approach to strengthen the identification and protection of vulnerable persons and facilitate access to appropriate support services. As it relates to shelter, the government currently operates one human trafficking shelter that is dedicated for women and children and can house up to 15 persons. The government currently does not have a male shelter, however, we are in the process of constructing a facility. We have already procured the property. In relation to prosecution of cases, I will start with our judicial or criminal justice process. So, the government of Jamaica has taken a deliberate approach to our trafficking in person infrastructure. First, we have a dedicated vice squad that investigate all matters of trafficking in person. We also have a dedicated prosecution unit for the prosecution of trafficking in persons cases. We also have a dedicated entity that has responsibility for the protection of children, and they also are a member of the National Task Force in Trafficking in Persons. We also work closely with the Center for Sexual Offenses and Child Abuse, CISOCA, which is also a part of our National Trafficking in Persons Task Force. As it relates to investigation, investigations are carried out on trafficking in person by us developing a strategy to assess the needs of trafficking survivors and persons in heightened risk of exploitation. During the period, the Jamaica Constabulary Force confirmed 10 cases of victims of trafficking. Four of these have progressed to the judicial stage and are currently before the court. Since the commencement of 2026, a total of 13 trafficking in persons investigations have been initiated as a result of referrals received from our child protection and family service agencies, gun court, and various formation within the JCF. Investigation activities have resulted in the identification of three additional victims. One of the investigation has progressed to the judicial stage. And the second matter is with the, is with CISOCL. All right, speaking back to our infrastructure. So, the government of Jamaica through, well, let me. All right, so, the government of Jamaica adopts a victim-centered trauma-informed approach to trafficking in person, recognizing that victims may be reluctant to cooperate with law enforcement, and as such, we ensure that we work with our NGOs who will provide services where the victim may have concerns. As it relates to our efforts for children, the government of Jamaica or Jamaica is the first country in the region which has a trafficking in persons in club school for schools in our deliberate effort to bring awareness among our youth. We also have a dedicated unit within our Ministry of Labor and Social Security that deals with child labor to ensure that the necessary awareness and support services are provided. There is a dedicated arm of the Ministry of Justice, which also serves on the National Trafficking in Persons Committee, and they provide victim services as well with the CPFSC. We treat all matters relating to children, whether suspected or confirmed cases, and they are given the necessary psychosocial support. regardless of the outcome of the case.


Jamaica · Deputy Permanent Representative [1:47:51]:

Ms. Brown, I will perhaps allow you to return to trafficking in persons. I'll turn to other delegates. For their response, I'll turn now to Captain James. Thank you for the comprehensive response. We'll revert on the outstanding matters on trafficking in persons after we've had an opportunity to look at some of the other subject matters. So to Captain James for those questions posed by Member Abdur Rashid on torture.


Jamaica · Captain; Representative [1:48:19]:

Thank you. Jamaica is not a party to the Convention Against Torture or its optional protocol. Nevertheless, Jamaica remains firmly committed to preventing torture and ill-treatment and fulfilling its obligation under the International Covenant on Civil and Political Rights, including Article 7 and 10. The Charter of Fundamental Rights and Freedom guarantees protection against torture and other forms of cruel and inhumane or degrading treatment or punishment. In Jamaica, any person who alleges that their constitutional rights have been breached may lodge a complaint with the Office of the Public Defender. The Office of the Public Defender has indicated, to date, it has not received any complaints alleging torture. I wish to expound briefly on the Charter of Fundamental Rights and Freedoms. Section 13 of the Charter of Fundamental Rights and Freedom guarantees protection from torture and inhumane treatment and other treatment, while Section 13 expressly prohibits such conduct. Section 19 provides access to the Supreme Court for constitutional redress in cases of torture or inhumane or degrading treatment. These protections are reinforced by criminal legislations. The Offences Against the Person Act criminalizes conduct that may constitute torture, including wounding with intent to cause grievous bodily harm under section 20, and unlawful wounding or inflicting of grievous bodily harm under section 22. Depending on the circumstances, other offenses against the person may also apply. Jamaica has additionally abolished flogging and whipping as criminal penalties through the Law Reform, Flogging and Whipping Abolition Act of 2013. The judiciary plays an important role in giving effect to these protections. In Coke versus the Commissioner of Police and others, the Supreme Court considered the constitutional prohibition against torture with express reference to the definition in Article 1 of the Convention Against Torture. The court further observed that the categories of conduct that may amount to torture or cruel and inhumane punishment are never closed, with each case requiring consideration of its particular facts. This illustrates the capacity of Jamaica's constitutional and legal framework to address different manifestation of prohibited treatment. Jamaica criminal justice system also requires confession to be voluntary. I thank you.


Jamaica · Deputy Permanent Representative [1:51:27]:

Thank you, Captain James. I'll now turn to Ms. Gale to address the questions on the zones of special operations. Ms. Gale.


Jamaica [1:51:37]:

Good morning. With regard to the questions raised today on the zones of, sorry, the zones on special, sorry. My apologies. The government of Jamaica recognizes that sustainable public safety requires effective law enforcement, community development, public trust, and respect for human rights. Specifically with regard to some of the questions raised this morning regarding the Campbell ruling, and of course the implementation of that ruling, that matter is currently on appeal and is scheduled to be heard soon, I believe. And so at this point, the government of Jamaica will not be able to speak specifically to the implementation or aspects of that ruling. Regard to the judicial review options available to residents, as well as remedies available with regard to any curfew or detention-related breaches. The constitution of Jamaica protects the freedom of movement, as well as, of course, prohibits detention and arrest without proportionate and reasonable cause. So if, as a constitutional remedy that would be available to residents, we have, of course, they can get declarations, compensation, and as you can expect, the usual constitutional remedies, as these are protected constitutional rights. Specifically with regard to the ZOSAs, the states of public emergency, I'd just like to point out the states of public emergency and the zones of special operations do operate under separate legal frameworks. We spoke about the state of public emergencies yesterday, which an emergency powers are governed by the constitution. The ZOSA framework combines targeted security measures with social and economic interventions addressing conditions that contribute to crime and violence. The objective is, of course, to enable communities to sustain improvements in security through opportunity, inclusion, and development. In June 2026, the government announced a comprehensive evaluation of seven Zozas in collaboration with key partners to inform their transition into what will be termed the Zones of Peace and Opportunity. This evaluation is intended to provide an evidence-based assessment on the effectiveness of these zones and inform the arrangements for that transition. While a specific completion date has not yet been provided, the evaluation does represent a concrete step towards determining the appropriateness of the use of Zozas. That would be the response we have here today. On the statistics, I believe there was a question on the amount of complaints received. And as well, there was a question with regard to the 2026 assessment published. We will have to provide that at a later point. Ms. Turner, thank you.


Jamaica · Deputy Permanent Representative [1:55:11]:

Thank you, Ms. Gale. We'll now continue with those questions that were posed by Member Njaye. I'll turn to Captain James on the matter of legal aid.


Jamaica · Captain; Representative [1:55:22]:

Thank you. The Legal Aid Council facilitates access to legal representation for persons of small or moderate means in criminal matters, including accused persons who may otherwise be unable to afford counsel. Within the correctional system, the Correctional Act and attendant legislation require superintendents to ensure that the legal authority under which remandees and persons awaiting trial are detained is properly maintained, and that persons required before the court are produced accordingly. Jamaica provides publicly funded legal representation in capital murder proceedings through the Legal Aid Council, including arrangements for senior counsels. Notably, Jamaica's legal aid framework supports persons who cannot afford private representation, while the constitutional guarantees of adequate time and facilities are preparing a defense applies throughout the criminal proceedings. The council's assistance extend beyond the appointment of an attorney. It publishes services, includes assistance in obtaining expert evidence, and the council has explained that defense attorneys may submit written requests for support such as DNA evidence and expert psychiatric evaluations. These arrangements provide a practical avenue for counsel to obtain specialist assistance relevant to the defense. The preparation of mitigation evidence is particularly important in capital proceedings, where sentences requires individual consideration of the offender and the circumstances of the offense. The government of Jamaica notes that collectively, the legal aid arrangements Access to expert assistance and judicial safeguard supports counsel in preparing the defence and relevant sentencing material for the court's consideration. Thank you.


Jamaica · Deputy Permanent Representative [1:57:34]:

Thank you, Captain James. And just to add to that, that in this year's budget, 35 million Jamaican dollars was allocated to legal assistance. We'll now turn to Ms. Bailey for those questions posed on the Child Care Protection Act, as well as corporal punishment.


Jamaica [1:57:59]:

Regarding the 2023 amendment to the Child Care and Protection Act, we wish to advise that such amendments were designed to strengthen the treatment of children exhibiting behavioral challenges. As you know, the term uncontrollable behavior was dispensed with. These include provision for residential and non-residential therapeutic orders informed by social inquiry reports and psychological or psychiatric evaluations. These amendments were intended to reduce the placement of children in correctional settings where they have not committed criminal offenses. Notwithstanding, we should advise that non-custodial options, including probation, supervision, diversion, are also available within the child justice system. It is important to note that the legislation, albeit amended, to allow for issuance of therapeutic and non-therapeutic orders, as well as therapeutic centers. And although it allows for judges to make relevant orders thereunder, the law has not yet been gazetted. And the reason for that is that the relevant spaces that would allow for the effective implementation of this particular amended act are not yet in place at this time. And the relevant process to ensure that this is done is currently underway. Notwithstanding, the Maxfield Park Children's Home currently acts as a therapeutic center, which is available for treatment. Regarding the matter about the amendment pertaining to children ages 14 to 17 being granted the possibility of 13 years imprisonment, as well with a minimum of 15 years, we only wish to clarify that this is in respect of the offense of murder. We also wish to clarify, as well as indicate that any rehabilitation that needs to take place will be taken during that particular time period. As it concerns the matter of corporal punishment, we wish to advise that the Education Act of 1965 and the Education Regulations of 1980 are currently being reviewed for amendments to include the prohibition of corporal punishment in schools. There is currently some drafted documents for the submission to Cabinet for this to be completed. It is hoped that the overall review of the said Act and Regulations will be completed to facilitate promulgation within the next three years, based on the legislative process. Initial consultations have been held with various stakeholder groups regarding the proposed amendments. It is expected that further consultations will be undertaken with stakeholders as the review process advances. In the interim, the Ministry has issued circulars to schools indicating a zero tolerance in relation to the administration of corporal punishment. On the other hand, the Early Childhood Act prohibits corporal punishment in an early childhood institution at the early childhood level. Further, the Child Care and Protection Children's Home Regulations also prohibit striking, cuffing, slapping, or use of any form of physical violence towards any child resides or is in the children's home. We also wish to advise that the National Commission for Violence Prevention was established in 2019 and is mandated to conduct a continuing comprehensive review of all existing public and private violence prevention programs, as well as the strategies of the government. Its purpose is to identify gaps in the prevention and and intervention services, and to make recommendations with respect to violence prevention and intervention programs. In 2024, a total ban on corporal punishment was among the recommendations of the NCVP. As of May 2025, the NCVP has submitted a report to the Prime Minister as part of their mandate to develop a 10-year evidence-based national action plan And same is to be considered by the cabinet. And that is to say that the matter in relation to corporal punishment is one of a progressive nature within our jurisdiction. Now, as it concerns the query regarding the National Plan of Action for Integrated Response, it must be noted that cabinet had approved the National Plan of Action for an integrated response to children and violence in June, On June 17, 2019, this National Plan of Action was a response to Jamaica's commitment to end violence against children and was to be implemented over a five-year period, 2018 to 2023. The goal was to create and maintain a protective environment supportive of and responsive to the issues of violence, child abuse, and any ill treatment of children. It also took into consideration collaboration among various key stakeholders, government ministries, agencies, and departments, civil society groups, and other stakeholders. The core objective of the NPACV was to reduce the impact of violence against children through an integrated approach that had to do with prevention, control, intervention, responses, monitoring, and evaluation. It's also to ensure that the rights of children are being preserved and that an environment was created to stimulate their positive growth and development, and that is to ensure that ultimately these individuals will become productive citizens. While we cannot give a definitive deadline for a new MPACV, it is important to note that the government will be utilizing the newly launched Violence Against Children and Youth Survey, as the VACS in 2023, to inform the National Plan of Action for an integrated response to children and violence, and that this will be done through the Ministry of Education, Skills, Youth, and Ministry of Education, as well as the Planning Institute of Jamaica. Thank you.


Jamaica · Deputy Permanent Representative [2:05:01]:

Thank you, Ms. Bailey. We'll now turn to Ms. Gale for those questions posed by Member Helfo on issue 13 on the death penalty, as well as a later question on the legal framework, clarifying the legal framework to protect both boys and girls from sexual violence. Ms. Gale.


Jamaica [2:05:22]:

Thank you. With regard to the questions posed on the death penalty, Jamaica has not carried out an execution since 1988. The de facto moratorium refers to this longstanding practice. So while the death penalty, as we know, remains available under Jamaican law for specified categories of murder. this is, the moratorium does exist, notices indicating an intention to seek a death sentence, therefore, does arise within the existing legal framework, but by themselves would not represent a departure from that practice of not carrying out executions. It's important to note that the Director of Public Prosecutions, under the Constitution, section 94 of the Constitution, exercises independent prosecutorial functions, while sentencing is a judicial responsibility exercised in accordance with the applicable law and constitutional safeguards. The Government of Jamaica respects the independence of both those institutions. The sentencing guidelines for judges, for example, indicate when and how a death penalty may be imposed, for example, in the most extreme and exceptional cases considered to be the worst of the worst and the rarest of the rare. Jamaica's position, therefore, combines a longstanding practice of non-execution with a legal framework where decisions are taken on individual cases. With regard to recent requests by the prosecution, as we noted, that does not by itself indicate that we are departing from the practice. However, we will not comment any further because these are ongoing cases, and those are matters before the court. at this time. With regard to the question on wrongful convictions and the possibility of bringing new evidence in capital cases, Jamaican law provides a mechanism for further judicial consideration of a conviction in capital cases, even after the ordinary appellate process has been exhausted. Under section 29 of the Judicature Appellate Jurisdiction Act, new evidence challenging the conviction may be presented through a petition or representation to the Governor General of Jamaica, who may refer the whole case to the Court of Appeal for determination as an appeal. Such a referral is discretionary, and the court determines admissibility and the effect of the new evidence. The provisions exclusion, if you read it, does refer to the death sentence, but that is specifically with regard to the sentencing. It does not prevent a reconsideration of the actual conviction. So that would just clarify, hopefully, the question there with regard to new evidence after an appeal. And so that would be the answer we have here now for the death penalty questions regarding the legal framework. sexual offenses or sexual violence against boys and girls. First, we'd like to note that the Sexual Offenses Act specifies, for example, in Section 4, that grievous sexual assault includes various forms of sexual assault, which can be, unfortunately, offenses against either boys, girls, men, or women. And so there are offenses under the Sexual Offenses Act, which would protect boys from sexual violence. For boys who have unfortunately experienced such such offenses, the Child Care Protection Act does have an extensive framework that speaks to the protection that can be offered to children. There's no distinction here between a boy and a girl. Specifically, we look at Section 8 of the Child Care and Protection Act, which outlines what, for the purposes of this act, a child shall be considered to be in need of care and protection, and then it lists the various entities, various situations. And this, of course, would include a child, boy or girl, that has been abused. The question, I believe, also addressed custody of boys in relation to boys that have experienced sexual violence, generally, the courts will, the Supreme Court of Jamaica does have an absolute authority to intervene and protect a child, and therefore can override parental wishes if the child is in need of care and protection. And we do have cases where if where the state can step in if the parent's actions creates a hostile, abusive, or highly detrimental environment, and that could include restricting access to the child, loss of custody, removal of guardianship, et cetera. So there are legal frameworks in place for the courts and the state to step in should a boy experience sexual violence. With regard to any further information, we know we have the Children's Advocate, as well as the relevant children's agencies, which would also monitor and implement these provisions. So that would be the response there. Thank you, Ms. Turner.


Jamaica · Deputy Permanent Representative [2:11:28]:

Thank you, Ms. Gale. We'll now turn to Captain James again to speak to the question posed on the removal, the process for the removal of the DPP, as well as to address measures taken to address the backlog in the court system, and finally, the independence of the judiciary.


Jamaica · Captain; Representative [2:11:49]:

Thank you. Section 96 of the Constitution provides for the tenure of the Director of Public Prosecution and Acting Director of Public Prosecution. I will speak specifically on section 96 (4), (5) and (6), and it reads: The Director of Public Prosecution may be removed from office only for inability to discharge the function of his office, whether arising from infirmity of the mind or body or otherwise, or for misbehavior and shall not be so removed except in accordance with the provisions of this section. Subsection 5. The Director of Public Prosecution shall be removed from office by the Governor General if the question of his removal from office has been referred to a tribunal appointed on the section, subsection six of this section, and the tribunal has recommended to the Governor General that he ought to be removed from office for inability as a force or for misbehavior, subsection six. If the Prime Minister represents to the Governor General that the question of removing the Director of Public Prosecution from office for inability, as aforesaid, or for misbehavior ought to be investigated, then, A, the Governor General, acting in accordance with the advice of the Prime Minister, shall appoint a tribunal which consists of a chairman and not less than two other members from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth, or a court having jurisdiction in appeal from any other court. I will now respond to the questions regarding the measures that Jamaica has taken to ensure our judicial proceedings remain independent and judges remain independent and impartial. The Judicial Service Commission is entrenched in the Constitution of Jamaica under section 111 to 113, and it advises the Governor General on matters concerning appointments, promotions, acting appointments, transfers, study leave, and separation from the judiciary, that is, judges of the Court of Appeal, Supreme Court judges, judges of the Parish Court, Registrar of the Court of Appeal, and the Registrar of the Supreme Court. The judiciary independent has been furthered by enactment of the Judiciary Supreme Court Amendment Act of 2016, which has established the Court Administration Division. This legislation provided that the division shall be led by the Chief Justice for the performance of the administrative management services for the Court of Jamaica. I will now answer the final question for now, which is what has Jamaica done in relation to the backlogs in court? The Ministry of Justice and Constitutional Affairs, on Thursday, August 4th, 2002, showcased two newly constructed state-of-the-art witness room at the Office of the Director of Public Prosecution. This will improve efficiency in criminal justice matters. A robust system of data protection has been created in both the Parish Court and the Supreme Court. In the Supreme Court, each division has a set of data entry officers whose daily responsibility is to enter data on new cases and as necessary update all case activities and events as the matters traverse the court. For the Civil Division, such updates are done electronically using the Judicial Announcement Management System software. which has been evolved to cater for a wider range of data capture and reporting needs. In the High Court Division of the Gun Court, the Home Circuit Court, and the Revenue Court, the new Judicial Case Management System is also utilized. Further progress is anticipated as the Ministry of Justice and Constitutional Affairs has engaged in the procurement of an integrated electronic management system that will revolutionize the operation of the court. At the parish court, a data capture system for criminal matters called the CISS, Case Information Statistical System, has been operational in all courts for the past eight years. This system captures a wide range of data on the progression of criminal cases from initiation to disposition, and it's manned at least by one dedicated data entry officer in each court working with a view that the data produced is as close as possible to real time. In all divisions, the clerk of court records live data of the respective hearing in order to assure and ensure the integrity of this data that is entered into the system. Data validators are also specially assigned to scrutinize case files on a daily basis to ensure consistency with electronic data and adequacy of data capture. Once all data for the periods of interest are entered in the system, the necessary checks and balance are completed. The data is then migrated to a Microsoft Excel friendly platform from where the information is extracted, the statistical data produced, and reports generated. The Criminal Justice Administration Act, as amended by the jury. Amendment Act of 2015 permits criminal matters except for murder or treason and should be heard by trial benches. I thank you.


Jamaica · Deputy Permanent Representative [2:18:43]:

And thank you, Captain James. I'll now turn to Ms. Rachel Lee to address some of the questions raised by Member Serlon regarding the detention facility, specifically on health care and overcrowding. You have the floor.


Jamaica [2:18:57]:

Thank you, dPR Turner. The correctional system provides adequate healthcare services, including mental health support, to address the physical and psychological needs of persons in custody. This includes nutrition, hygiene, substance abuse treatment, and trauma-informed care. The Department of Correctional Services, or the DCS, maintains medical services across correctional institutions as part of its duty of care to persons deprived of their liberty. Offenders are medically assessed within 48 hours of admission, medically reviewed prior to release or relevant institutional transfer, and have access to doctors through scheduled institutional visits. Where required, or where treatment cannot be provided internally, inmates are referred to public health facilities under correctional supervision. The department continues to strengthen healthcare provision for vulnerable inmates. Notably, a 25-bed infirmary was established at the Tamarind Farm Adult Correctional Centre in 2021 to provide specialised care for bedridden and infirm inmates. Inmates also have access to Jamaica's national public health care system, including specialist medical treatment, psychiatric care, and hospital services through established arrangements with public health care providers. The National Correction Services Policy has allowed there to be a shift from punitive approaches to supportive, rehabilitative, and reintegration-focused strategies. This is an increased focus on vocational, there is an increased focus on vocational training, mentorship, mental health support, and restorative justice. With regards to the overcrowding, the DCS, that's the Department of Correctional Services, continues to implement population management strategies to address overcrowding, particularly at the Tower Street Adult Correctional Centre and the St. Catherine District Adult Correctional Centre, which are identified as operating above their ideal capacity. These strategies include the reclassification of eligible offenders to transfer from maximum security facilities. to medium and low security institutions, thereby facilitating more effective utilization of available accommodation across the correctional estate. The department has also continued essential repairs, maintenance, and infrastructure improvements across its institutions. In relation to conditions of detention, the DCS maintains structured sanitation arrangements, including institutional garbage collection and assigned teams responsible for maintaining hygiene. Rule 54 of the Correctional Institution, the Adult Correctional Centre Rules, 1991, requires that the Assistant Superintendent of the Correction Services is to inspect the institution regularly and ensure that cells and dormitories are maintained in good order. Thank you.


Jamaica · Deputy Permanent Representative [2:22:01]:

Thank you, Ms. Lee. I know we had a break with the responses on trafficking in persons, and just to reiterate, as was indicated earlier, that Mrs. Diane Gordon Harrison serves not only as the children's advocate, but as the first national rapporteur on trafficking in persons. So I will now yield the floor to Ms. Brown to complete those responses on trafficking in persons as well as respond to those questions on children deprived of their liberty. Thank you, Ms. Brown.


Jamaica [2:22:39]:

Thank you, Deepa. All right. So as it relates to measures to prevent re-traumatization of traffic victims, The government of Jamaica recognizes the importance of employing measures that reduce the risk of re-traumatization, therefore, and the government also takes into consideration that the privacy and security of victims are ensure that it is provided while under the care and protection of our institutions, this including during the trial process. Escort is provided when victims are being transported to court, and we also ensure that the victims are placed in a private area to await proceedings. In addition, once a victim is summoned to court, only those who are absolutely necessary, which also includes police officers, will be allowed in court. Security and privacy is maintained throughout the interaction with the courts, and the identities and place of abode of the victims and witness are kept confidential. For example, in 2024, we had two victims who we placed in a witness protection system and ensured their accommodation while they attended court. We also employ measures such as under the Evidence Special Measures Act 2012, which allows tip victims to give evidence by a range of special measures. This includes video recording and video link. All investigations into trafficking in persons include written statements and are signed by the victims and are submitted to court. In cases where the victim is unable to attend court, the statement may stand on its own, guided by the Evidence Special Measures Act. This would largely be on the basis of the victims being vulnerable, and if the victim is fearful based on threats received or that it is not reasonable to secure the physical attendance of the victim at the proceeding. This provision is often used when the victim is outside of the jurisdiction as well. As it relates to reparation, Section 3 of our Trafficking in Persons Prevention, Suppression, and Punishment Act provides that restitution shall be paid to the victim upon the conviction of the accused as far as possible from any property forfeited under Section 7 of the proceeds thereof. And as such, the JCF works closely with our Financial Investigation Division to identify assets and recover and enforce our restitution orders. As it relates to the point on the disparity between labor trafficking and sexual trafficking, the JCF, or Passport, Immigration, and Citizenship Agency, as well as the Ministry of Labor and Social Security, continues to collaborate by way of joint inspections to various sites, particularly those where we may have migrant workers. As part of the, and this is a part of the government's identification measures. Based on these efforts, we use intelligence, and this has not yielded any evidence to suggest that there are labor trafficking cases that the government has not pursued. However, the government continues to conduct awareness activities through the Ministry of Labor. These activities are conducted island-wide. The Ministry of Labor also has a robust communication program which provides comprehensive information on labor rights. They also work with civil groups representing various at-risk communities, which include domestic workers. and using modern social media platform to share the information. As it relates to training, Jamaica provides training in various forms for trafficking in persons. Training is mandatory for persons assigned to the anti-trafficking in person vice squad of the Jamaica Constabulary Force. The basic training of our National Police College also includes a module on trafficking in persons. Training is also offered at our Justice Training Institute, an institute under our Ministry of Labor, and it provides training for our justice sector personnel. We also provide training to our Caribbean Regional Drug Law Enforcement Training Center, which provides training to all sector employees. And online model training is also available. through our Office of the National Rapporteur on Trafficking in Person, and this is available to all citizens of Jamaica. The National Task Force on Trafficking in Person also collaborates with our strategic partners in conducting specialized training in various forms to the different groups to include NGOs and other civil groups. The NATFORTEP also coordinates with the MDA's who forms part of the task force to ensure sensitization on all protocols and understanding operating procedures and guidelines on trafficking in persons. I will now move on to the matter of children, deprivation of children's liberty. Okay, so the Office of the Children Advocate is a commission of Parliament which provides legal representation to children who come before the courts, and it routinely makes submission for non-custodial options to be used when dealing with these children. The deprivation of child liberty is being promoted as being an option of last resort. The Office of the Children's Advocate actively collaborates with the Judicial Education Institution, which coordinates training for members of the judiciary on behalf of the Chief Justice. Through this collaboration, the Office of the Children's Advocate has conducted a number of judicial training seminars and capacity building sessions with all levels of the judiciary in the use and application of the Child Justice Guidelines. a compendium of best practices for all justice sector stakeholders that outlines minimum standards aimed at ensuring that any child facing the justice system has access to appropriate justice. The increased sensitization of members of the judiciary has reduced the reliance on correctional orders in many courts across the island. Such training is ongoing. Thank you. I thank you.


Jamaica · Deputy Permanent Representative [2:29:59]:

Thank you, Ms. Brown. I just want to indicate for some of the statistics that would have been requested, we'll have to present those in writing. Before turning to Ms. Gale, who will address the questions raised on the refugee policy and international protection, as well as the question raised regarding the Charities Act, for those questions posed by Member Caruso, I just want to indicate that some of these will have to be submitted in writing regarding the disaggregated data requested from 2021 to 2025 on those applications received, denied pending resolution, the average time for processing, the number overturned. Those will have to present in writing, as well as the response to the question on the TCN, the third country nationals, and the safeguards established to ensure that deportation of TCN or those requests, the rights are in keeping with the provisions of the ICCPR, as well as the further details on the number of trips and the number of deportations. Ms. Gale, over to you for the response regarding refugees and charity that.


Jamaica [2:31:12]:

Thank you. With regard to the questions posed this morning on the refugees, At first, we'd like to point out that regarding the minimum standards that exist in Jamaica, some of these questions, speaking to asylum seekers, we would have to-- we're unable to comment at this time because of the sub judice rule, as we do have ongoing court proceedings where the question of conditions and standards are being litigated. So the government of Jamaica will not be able to provide a comment on these. questions today. With regard generally, though, to the question of whether Jamaica will be considering a legislation on refugees, we, and of course, we're revising the refugee policy. These matters, we have noted the question, and we, the relevant MDA's, are looking at the policy at this point. However, at this stage, we would not have any concrete steps to report on that. But we do note the question being posed. Generally, the principal focus of the government of Jamaica has been on fulfilling the humanitarian needs of migrants arriving on our shores, irrespective of their migration status, including preserving their human rights and dignity. This includes ensuring humane reception and protection procedures, access to essential health care, and support for their social well-being. Jamaica remains committed to addressing irregular migration and strengthening border management. We believe that migration policies must be implemented with full respect for human dignity, due process, and fundamental rights. Our approach seeks to balance legitimate security concerns with the protection of well-being of the vulnerable individuals and families. And so, as regard to the question on disaggregated data, as Ms. Turner indicated, we will have to revert on that. With regard to the question posed on the Charities Act, I believe the question was on whether the relevant charities and organizations will be consulted. Yes, the answer, the short answer is yes. There is the Cabinet consultation, the consultation code for practice for the public sector, which is available on the cabinet website, which outlines and details the process by which the public sector will consult and should consult with all relevant stakeholders. And I will just give a quick extract from it. With regard to who to To consult, stakeholder analysis provides the basis for identifying which persons, groups, and organizations have a significant and legitimate interest in the specific issue or policy area. While the government remains a key decision maker, stakeholders crucial partners with regard to that decision-making process. These, of course, include non-governmental organizations, interest groups, private sector groups, academia, community-based organizations, and individual citizens. Therefore, stakeholder analysis in addressing any new policy or bill is a critical component of this consultation process. And so therefore, it is it would be expected that any specific group or stakeholder that has an interest in the bill will be consulted. Thank you, Mr.


Jamaica · Deputy Permanent Representative [2:35:11]:

Thank you, Ms. Gale. And now noting the time, before I turn to Ms. Lee for a response on human rights defenders, I just want to place on record a correction to the figure as it relates to the budgetary resources for legal aid. Earlier, i had mentioned that it was 35 million Jamaican dollars, but this is just for a small portion of that budget that's allocated to legal aid or legal assistance and legal aid services. The larger budget is actually approximately 500 515 million Jamaican dollars. So now, Ms. Lee, to you for human rights defenders.


Jamaica [2:35:50]:

Thank you, DPR Turner. The established mechanisms on which Jamaica provides protection for journalists, human rights defenders, and civil society organizations from intimidation are vested in chapter three of the Jamaican constitution, and that is the Charter of Fundamental Rights and Freedoms. Jamaica utilizes a free press system and does not currently regulate the press. In this regard, Jamaica is ranked 26th of 180 countries according to the World Press Freedom Index Report of 2026. In relation to the ban on broadcasts promoting violence, abuse of drugs, and fraud, there have been no related human rights-based complaints made to the Broadcasting Commission of Jamaica, that's the BCJ. Jamaica seeks to prevent criminal activities from being normalised, especially among its youth. The BCJ does continue to review the digital communications and content ecosystem to ensure that the regulatory framework is and continues to be effective. Thank you.


Jamaica · Deputy Permanent Representative [2:36:53]:

Thank you, Ms. Lee. I'll now turn to Captain James for her response as it relates to that posed by Member Caruso regarding indigenous peoples. Captain James.


Jamaica · Captain; Representative [2:37:08]:

Thank you. With respect to the mining operation in the Kokpik country, the delegation notes that the matters relating to this issue are currently before the local courts. Accordingly, it would not be appropriate for the delegation to comment on matters that are presently before the judiciary out of respect for the judicial process and the jurisdiction of the courts. With respect to the involvement of the Maroon groups, the Ministry of Culture, Gender, Entertainment, and Sports is currently working on a new national policy for culture, entertainment, and the creative economy. Sections of the policy speaks that establishment of framework to treat groups who self-identify as indigenous people. and the steps to create guidelines for an official interface with them, within the context of mutual respect and to keep open avenues for dialogues. The Ministry of Culture, Gender, Entertainment, and Sports is also in the process of formulating a position paper on indigenous group and indigenous cultures in Jamaica. The Ministry has facilitated ongoing dialogue between the Maroon communities and the Government of Jamaica to discuss issues relating to infrastructure development, representation at the local level, and land rights. These issues were the subject of an initial meeting between the Dr. The Honorable Prime Minister Andrew Holness and the Minister of Culture, Gender, Entertainment, and Sports, Honorable Olivia Grange, on Friday, January 21st in 2022. The Ministry also engaged Maroon communities as critical stakeholders in the process to craft national policies for a dress code for access to the public service. In the interest of time, I just wish to note the following. The Ministry has also provided funding for Maroon festivals and assistance to the Maroon communities after the aftermath of They have also assisted with the purchase of a bus, provided 30,000, between 30,000 to 35,000 euro for the renovation, solarization of the Maroon centers, mission houses, and also provided to the Maroon community a generator. I would love to provide additional information of how Jamaica has been assisting the Maroon communities. However, with the interest of time, I will close here and over to Ms. Turner.


Jamaica · Deputy Permanent Representative [2:40:17]:

Thank you, Captain James. I know that our time has now expired, but there are questions that we have noted that we do hope to provide those responses in writing as well. Thank you, Chair.


CCPR · Chair [2:40:29]:

Thank you very much for all the replies. And I will move to the follow-up questions, and I'll give the floor to Mr. Carazo.


CCPR · Committee member [2:40:47]:

Thank you very much indeed to the delegation for the answers that they've given. I regret the fact that there are some issues that haven't been fully answered, for example, the issues of the conditions, the indecent conditions of detention of irregular migrants, and the situation of the very harmful mining operation. protected areas. These have also been claimed by indigenous peoples and they haven't been fully covered in your responses, I believe, under the argument that they are general subjects that are under judicial investigation. So I would have liked a little bit more information on on those, there's perhaps not enough communication on those matters in terms of this constructive dialogue. One of the questions that we had was linked precisely to the use of the clause preventing the dissemination of information regarding issues under investigation. Now, specific questions then relating to the conditions in the detention Centres for Refugees, if you could please give us more information about the results of the activities in the Kokpit country and also related to harm to health of those affected by the mining operation, the bauxite mining operation. And I also didn't hear an answer regarding the plans or possibilities for the derogation of the savings laws, which remain in force and which continue to hinder judicialisation or claims for rights that are protected dating from colonial times, so I would have liked to ask about those and also about the use of funds received from international cooperation for emergency operations over the past year since Hurricane Melissa, and what the rules are for the use of those resources. Thank you very much.


CCPR · Chair [2:43:46]:

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


CCPR · Committee member [2:43:54]:

I would like to thank the distinguished delegation of Jamaica for the answers that have been provided, and I note that some of our questions have been noted, and I hope that among the responses which are forthcoming, there will be some answers to questions relating to parliamentary and judicial control of ZOSOs, the non-use of body-worn camera in ZOSOs, the sanction for non-wearing body-worn cameras, and whether the deadline for march.

Authorization is a matter of notification or authorization, and how the use of.

Force is under control when it comes to peaceful assemblies, And finally, what is the meaning of community policing? And thank you again for the forthcoming response we hope to receive maybe in the 48 hours after this meeting.

Thank you very much again.


CCPR · Chair [2:45:00]:

Thank you. I will give the floor to Mr. Heifman.


CCPR · Committee member [2:45:07]:

So sincere thanks to the delegation for providing us with really a lot of detailed information, and as a result, I only have a few follow-up points. With regard to the 2023 amendment to the Child Care and Protection Act, we understand that the residential treatment facilities need to be created first. I wonder if there's any more information you can share on the timeline for that, because it has been already three years since the act was adopted. It hasn't, as you noted, been gazetted yet, but obviously time is passing by, so any information on that would be much appreciated in terms of prioritizing. Second, with regard to various programs, that exist under the auspices of the Office of the Children's Advocate. I mentioned a reference to reports received, the Safe Spot program, helpline, and so forth, just whether Jamaica can ensure sufficient human financial resources are provided for those very important services. And finally, well noted on your responses. with regard to abolition of the death penalty and post-conviction evidence of innocence. I wonder if you could comment on any of my question about what steps the state party might take to counter the rhetoric that some public officials, government officials, have made calling for restoring of the death penalty. You made a very persuasive presentation regarding the independence of prosecutors and judges and how determinations are made. to charge only the worst of the worst and in the rarest of the rare cases, but consistent with that approach, it would be helpful to know whether the government will take any steps to deal with those officials who make statements calling for the return of capital punishment. Thank you very much.


CCPR · Chair [2:47:25]:

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


CCPR · Committee member [2:47:35]:

Thank you very much, Chair, and thanks also to the delegation. I beg your pardon, the reflection is bothering me slightly, so I'm trying to I'd like to thank the delegation for their responses, and I'd like to highlight one very positive point from this interaction, which is your clear commitment to consult with civil society organizations on the new law on non-profit organizations following the guidelines and practices on consultation. The fact that you have committed to this consultation is a very good sign by Jamaica of its commitment to make use of this dialogue to guide change going forward, and I think that such an early and effective consultation will prove very useful to you. I have some questions requiring further clarification. First on torture, I note that the courts already apply the definition in the Convention. So what prevents an actual express and explicit criminalization of torture as a standalone and separate crime in your legislation? Are there some legal norms in place that prevent the use of evidence obtained through torture or ill treatment? That's a separate question. I also have a question about the fact that the the lack of complaints does not mean that the directive on broadcasting is actually proportionate. I would like to know whether there is an independent body that can review decisions under this 2022 directive, and should there not be such a mechanism, does the state intend to establish one? Do you also intend to establish a mechanism that will protect human rights defenders? I did not hear a specific response to that question. I understand that this is an avalanche of questions you have to deal with, and so I appreciate any information that the delegation will be able to share with me in writing vis-à-vis access to information, the review of the Towns and Communities Act of 1843, and the fact that the office responsible for reviewing complaints about police brutality, torture, and ill-treatment is part of the police itself, so they're reviewing themselves. Those questions being answered, I would be appreciative. Thank you, Chair.


CCPR · Chair [2:49:46]:

Mr. Saidov.


CCPR · Committee member [2:49:51]:

Thank you, Mr. Chair.

I would like to welcome the State Party's efforts to strengthen its national mechanisms for implementing of international human rights recommendations. Could the distinguished delegation provide an update on the development and functioning of the national recommendations tracking database?

NRTD, particularly its effectiveness in monitoring.

The implementation of recommendations from United Nations treaty bodies, especially Human Rights Committee and the Universal Periodic Review. I would also like to offer a concrete suggestion. I would encourage the State Party to develop the NRTD into a result-oriented national implementation mechanism, where each recommendation is linked to a responsible institution, a clear deadline, measurable indicators, and publicly available evidence of progress. It would also be valuable to introduce regular public progress reports and a structured mechanism for civil society and national human rights institutions to provide feedback on actual implementation. The ultimate goal should be not, as implied, to record which recommendations have been addressed, but to demonstrate what has genuinely changed in the protection of people's rights. I believe this approach could make the RTD a useful model of transparency, institutional accountability, and effective follow-up.

Thank you.


CCPR · Chair [2:52:07]:

Thank you very much. I see no more further questions from the members. Okay, so we have 22 minutes to go. We need about five minutes for conclusion, so I'll give 17 minutes for replies. I know there are many questions, but you can do as much as you can, then you can also reply in written forms. You have the floor now.


Jamaica · Deputy Permanent Representative [2:52:41]:

Thank you, Chair, through our head of delegation. I'll go to some of the follow-up questions raised. I first turn to Captain James for the question regarding the use of funds as it relates to Hurricane Melissa. Captain James, you have the floor.


Jamaica · Captain; Representative [2:53:05]:

Before I make reference to the use of funds, I'm gonna just respond quickly to the question in relation to the tracking database and the UPR. Okay, so Jamaica does not currently maintain a centralized database or tracking mechanism for recommendations made by the United Nations Human Rights Treaty Bodies and other international mechanism. However, the government of Jamaica is seeking to develop such a mechanism, and in doing so, is in the process of deepening its understanding of available human rights database tools to improve working methods. To this end, Jamaica has contacted four countries via diplomatic channels to request a virtual learning exchange with the members of the IMCHR, which is the Interministerial Committee on Human Rights, on the use of the SADATA tool, the CEMORE database and the National Recommendation Tracking Database tool to ascertain which tool may be most suitable for the Jamaican context. Following these discussions, the necessary steps will be taken to use one of the aforementioned tools. With reference to the UPR recommendations, Jamaica has circulated the agreed recommendations to the respective ministries, departments, and agencies for their commitment and for their implementation of the recommended measures. It is our intention to conduct annual follow-ups to assess and document the measures taken by the respective ministries, departments, and agencies to implement these recommendations. Accordingly, the MDAs will be required to provide us with updates on the progress of implementation, actions taken, results achieved, challenges encountered, and any outstanding matters. This process will facilitate the monitoring of Jamaica's progress in fulfilling its human rights obligations and implementing recommendations. I will now speak to the funding following the aftermath of Hurricane Melissa. So following the passage of Hurricane Melissa, the government of Jamaica implemented measures to mobilize resources and coordinate recovery efforts to address the needs of affective individuals and communities. As part of this response, The budget of ministries were adjusted to enable the Ministry of Finance and the Public Service to make resources available to support persons affected by the hurricane and its aftermath. I will now provide some information on initiatives that has been taken in respect of ministries, notably the Ministry of Justice, Health, and Education. The Ministry of Justice and Constitutional Affairs has also, in addition to what the government have done by large, has undertaken several initiatives to support the national recovery efforts, with particular attention to the restoration of justice services and the welfare of affected staff members and members of the public. First, the ministry is ministry undertaken and continue to undertake ongoing repairs to courthouses affected by the hurricane. These repairs are essential to restoring the safe and effective operation of court facilities and ensuring that members of the public can continue to have access to justice. Second, the ministry provided relief supplies to staff members who were affected by the hurricane. as well as to members of the wider public. This assistance formed part of the ministry's effort to alleviate immediate hardship and continue to contribute to the relief and recovery of affected communities. Third, measures were taken to address disruption to court proceedings in those affected areas. The ministry assisted with the rescheduling of cases to accommodate the impact of the hurricane on court operations and to facilitate the continuation of judicial services as circumstances permitted. These initiative reflect some of the GOJ's commitment to maintaining access to justice during and after a national emergency. With respect to the health sector, Jamaica took decisive measures to protect the right to life before, during, and after Hurricane Melissa through emergency preparedness, rapid medical response, medical evacuation, and disease prevention, despite extensive damage to the health infrastructure. Within the first 72 hours following the hurricane, more than 500 local health workers, supported by the Jamaica Defense Force, participated in emergency rescue operations, saving approximately 96 persons from life-threatening situations. 18 patients were airlifted for urgent medical attention, including critically ill children transferred from Black River Hospital to the University Hospital of the West Indies for specialized care. Despite significant operational challenges and reduced bed capacity, the health system continued to provide essential services. Within the first 24 hours, more than 8,900 persons received care through makeshift emergency departments and temporary medical posts, while health care professionals continued to care for over 3,000 patients, inpatients. Jamaica also acted swiftly to restore health care services in most of the severely affected communities. Within the first week, a field hospital was deployed at Black River, followed by three additional field hospitals in the western regions. These included a facility provided by the Government of Spain and the European Union at the Falmont Hospital, as well as additional facilities and field clinics at Savlemar. Recognizing that geographical isolation, displacement, and damage to infrastructure can create significant barriers to healthcare. Jamaica expanded primarily healthcare services through emergency medical teams and mobile clinics. These services reach isolated communities, including White House and Darlaston in Westmoreland. bringing essential medical care closer to affected residents and helping to relieve pressure on hospitals. Jamaica remains committed to ensuring equitable access to healthcare. Healthcare services remain free at the point of use, and outreach initiatives were deliberately directed towards rural, isolated, and displaced population to promote access to care without discrimination. Particular attention was given to vulnerable groups, including children, pregnant women, older persons, persons with disabilities, and persons living with chronic illness. In addition to emergency medical care, the government took measures to protect public health and to prevent emergence and spread of disease in the aftermath of the hurricane. The Ministry of Health and Wellness deployed approximately 177 public health inspectors and more than 1,100 control workers to affected communities and shelters. Their work focused on food safety, sanitation, water quality, vector control, and the safe management of solid and biomedical waste. These interventions were essential to reducing the risk of disease outbreak and protecting the health of affected population.


Jamaica · Deputy Permanent Representative [3:02:23]:

I'm so sorry to interrupt Captain James, but I just want to be mindful of the time. Just to the point as well, based on the question that was raised by the member as to how the government is using the funds from international cooperation, just a reminder as to section 9 of the Act regarding narrow unaccountant audit, that the authority shall keep proper accounts and other records in relation to its functions and shall prepare annually a statement of accounts in accordance with generally accepted accounting procedures promulgated from time to time. And, of course, this is publicly available. In the interest of time, I'll turn to the Permanent Secretary, who would also like to add regarding the response to this question. P.S., you have the floor.


Jamaica · Permanent Secretary; Alternate Head of Delegation [3:03:03]:

Thank you, C.D. Just to add to the activities that would have followed Laurie Kay and Melissa, and to also inform that the response by the government was actually a whole of government response with all ministries lending their services and support to the recovery process. And in particular, the Ministry of Economic Growth and Infrastructure, they assisted with housing repair grants, Rebuilding assistance was provided through a dedicated building support for households under the Hurricane Melissa 2025 program, which facilitated recovery efforts. by providing financial grants to affected households. Under the program, a total of 4,541 beneficiaries across 61 constituencies received grants amounting to 337 million.1 Jamaican dollars to support rebuilding and rehabilitation efforts. following the impact of the hurricane. In addition, under the Ministry's existing social housing program, 13 beneficiaries received grants totaling $10.3 million to facilitate repairs to their homes. There was also the Shelter Recovery Program. The purpose of the Shelter Recovery Program is to coordinate and implement the delivery of semi-permanent container housing units to eligible beneficiaries affected by the hurricane. The program includes beneficiaries and site assessments, base construction, associated external works, transportation, and installation of container housing units. Three contracts with a combined total of $1.1 billion were signed to enable the implementation of the program in the hardest hit parishes of St. Elizabeth, Westmoreland, Hanover, St. James, and Trelawney. This support will, this will support the installation, will continue to support of 308 semi-permanent housing solution with priority attention being given to persons in shelters. Most persons are no out of shelters, by the way. Thanks.


Jamaica · Deputy Permanent Representative [3:05:37]:

Thank you, piers.


Jamaica · Permanent Secretary; Alternate Head of Delegation [3:05:41]:

Yes, thanks.


Jamaica · Deputy Permanent Representative [3:05:43]:

Thank you, P.S. I’ll now move to, and thanks, of course, Captain James for also addressing the question raised by Member Saitoff regarding how we will treat with recommendations from UN Human Rights Treaty Body and the UPR. I’ll now move to Ms. Lee to provide a response on the meaning of community policing that was raised, followed by Ms. Brown with supplementary information, and we’ll close with Ms. Bailey on that follow-up question regarding the CCPA. Ms. Lee, you have the floor.


Jamaica [3:06:12]:

Thank you, DPR Turner. The traditional style of policing used in Jamaica and many other countries for many years has become unsuitable to deliver the modern policing and community safety services. In that regard, the JCF has been working toward and has been doing a community-based policing. What this means is that each member has developed an understanding and acceptance of the importance and critical difference between policing the community and policing with the community. The Jamaica Constabulary Force, through the implementation of various community policing initiatives, has been evolving as a proactive and service-oriented organization that places partnership at the forefront of its operational strategies. The concept of policing with the community is at the core of partnership, which in essence is a nucleus of community policing. This approach has seen the JCF forging numerous partnerships with various stakeholders within the communities they serve, from both government and civil society. government and non-government organizations, as well as international organizations. These partnerships have resulted in a significant increase in confidence in the police and vast improvements in the relationship between the police and the communities. The Community Safety and Security Branch, the CSSB, of the Jamaica Constabulary Force has been instrumental in the development and the sustainability of critical partnership with schools, churches, neighborhood watch groups, citizens associations, and police youth clubs. Thank you.


Jamaica · Deputy Permanent Representative [3:07:47]:

Ms. Brown, you have the floor.


Jamaica [3:07:52]:

And I'll provide some clarification on the question raised about gangs and vigilante. All right, so Jamaica's legislative framework for combating homicide gang violence and related criminal activities includes the Offence Against Persons Act, the Criminal Justice Suppression of Criminal Organization Act, which was established in 2014, and the Amended Firearms Prohibition, Restriction, and Regulations Act. The Proceeds of Crime Act is also one of our instruments. These enactments provide mechanism for prosecuting violent offences, disrupting criminal organization, addressing illegal firearms, and pursuing criminal proceeds. The JCF approach to gang suppression combines intelligence-led policing, targeted investigations, and cooperation with relevant domestic and international partners. Its anti-gang efforts include developing investigative capacity and specialist knowledge to strengthen the preparation and presentation of cases. Financial investigation is also an important component of this response, enabling attention to be direct towards the proceeds and resources that sustained criminal organization alongside prosecution. Safety measures also include community-based policing and engagement intended to strengthen relationships. improve public confidence, and encourage the reporting of crime. The JCF published community policing framework recognizes the importance of partnerships between the police and the community they serve. These measures support the prevention and detection of crime and complement enforcement activity directed at serious violence and organized criminality. A point of note, Jamaica is currently working with the United Nations Office on Drugs and Crime in the development of a national organized crime strategy. A key part of this strategy is a component to address criminal gangs, and this -- a part of this strategy includes community development and social intervention. As it relates to criminal gang activities, we have these efforts have yielded a reduction in criminal gang activities in that we have seen a reduction from 829 cases in 2024 to 387 in 2025. I thank you.


Jamaica · Deputy Permanent Representative [3:10:35]:

Thank you, Ms. Brown. I don't know if the Chair would just allow that final response from Ms. Bailey on the clarification requested regarding the CCPA. Ms. Bailey, very short.


Jamaica [3:10:49]:

Chair, just to respond to that query in relation to the therapeutic spaces, we just want to clarify that even though we cannot speak to a specific timeline, just to give an idea as to what's happening on the ground. So we have the Maxfield Park Children's Home, which has a therapeutic space, but it is not residential. The Windsor is a residential, but it's only for boys. And we are actively looking at a residential space for both boys and girls. So this is where Jamaica is in the development. Notwithstanding the fact that it's been three years, we have not been inactive, but the work is ongoing. And once that is complete, then the relevant legislation will come into force at the appropriate time.


CCPR · Chair [3:11:32]:

Okay, once again, thank you very much for the responses provided to the Committee. We now move to the conclusion of the session and meeting, and I will give the floor back to the Alternate Head of Delegation, Madam McFarlane, for the closing remarks. You have the floor.


Jamaica · Permanent Secretary; Alternate Head of Delegation [3:11:54]:

Thank you, Chair. So on behalf of Jamaica, I wish to express our sincere appreciation to the esteemed members of the Human Rights Committee for the opportunity to have participated in the 146th session and engage in the review of Jamaica's fifth periodic report under the International Convention on Civil and Political Rights. I also extend my heartfelt thanks to the members of the Jamaican delegation for their preparation, commitment, and valuable contributions throughout this process. We acknowledge that some questions raised during the dialogue remain unanswered. However, Jamaica remains committed to providing responses to those questions to the extent possible and within the scope of the information available to us. We value the Committee's constructive engagement and reaffirm our commitment to the continued promotion and protection of human rights in Jamaica. Thank you.


CCPR · Chair [3:12:54]:

Thank you for the closing remarks, Madame McFarlane. On behalf of the Human Rights Committee, I'd like to thank the Jamaican delegation, led by the Honorable Delroy Chook, Minister of Justice and Constitutional Affairs, for presenting its fifth periodic report and for the constructive dialogue held over the past two days. I appreciate the delegation’s engagement and its efforts to address the Committee’s questions. The Committee acknowledges the profound impact of Hurricane Melissa on the State Party’s capacity to meet the fundamental needs of its population And we reiterate our solidarity with the people of Jamaica as they continue national reconstruction. We appreciate that State Party presented its report and participate in the dialogue amid these challenges, and we stress that recovery efforts should keep the human rights at their center. The dialogue has highlighted significant concerns that call for further efforts by the State Party. These include the sharp increase in the fatal shootings by security forces and the low number of prosecutions and convictions; the situation surrounding the states of emergency declared between 2018 and 2023; including the use of preventive detention and remedies for persons affected, and the absence of national human rights institutions in line with the Paris Principles. Members have also raised concerns about the retention of provisions in the Offences Against the Person Act that result in stigmatization of LGBT persons. the absence of comprehensive anti-discrimination legislation, discrimination against persons living with HIV, restrictions on access to safe and legal abortion, including the cases of rape, incest, and non-viable pregnancies, calls to resume executions despite a long-standing de facto moratorium, overcrowding in places of detention, the gap between investigations and convictions in trafficking cases, and the rights of indigenous people, including in relation to land and impact of both site mining. Across these issues, what matters is how legislative and institutional measures translate into effective protection in practice. This requires concrete results in preventing violations, ensuring independent investigations and accountability, and providing effective remedies for those affected. Several critical matters raised by members, particularly regarding statistics, case outcomes, and practical implementation of laws on the ground, require comprehensive clarification. We would appreciate receiving additional information in writing from the delegation within two working days, that is by Thursday, 29 October, at 13:00. On behalf of the Committee, I once again thank you, Madam McFarlane, and all members of the delegation for your engagement. I also thank civil society organizations, for their valuable contributions. Finally, I thank my colleagues, the Secretariat, the interpreters, and the technical team for their dedicated support. The meeting is adjourned. Thank you.