Amnesty International Report 2015/16 - Jamaica
Publisher | Amnesty International |
Publication Date | 24 February 2016 |
Cite as | Amnesty International, Amnesty International Report 2015/16 - Jamaica, 24 February 2016, available at: https://www.refworld.org/docid/56d05b4615.html [accessed 2 November 2019] |
Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Jamaica
Head of state: Queen Elizabeth II, represented by Patrick Linton Allen
Head of government: Portia Simpson Miller
Excessive use of force by the police and extrajudicial executions continued. A Commission of Enquiry into alleged human rights violations during the 2010 state of emergency was under way. Violence and discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) people continued. In August Jamaica held its first gay pride march.
BACKGROUND
Jamaica continued to have one of the highest homicide rates per capita in the world. Violent crime remained a key concern for the public. Between January and June, police recorded 1,486 reports of serious and violent crimes, classified as murders, shootings, rapes and aggravated assaults. According to media reports, there were more than 1,100 murders during the year, an increase of approximately 20% compared with 2014.
The Dangerous Drugs (Amendment) Act 2015 came into force in April, removing powers of arrest and detention for possession or use of small quantities of cannabis and allowing members of the Rastafarian faith to use the drug for religious purposes.
In May, Jamaica was examined under the UPR. Jamaica accepted 23 of the 177 recommendations made.
The government took steps to establish a National Human Rights Institution.
POLICE AND SECURITY FORCES
Human rights organizations continued to highlight concerns around arbitrary arrests and ill-treatment in police custody.
After years of rising numbers of police killings (over 200 per year from 2011 to 2013), the numbers began to decline in 2014 and 2015. The Independent Commission of Investigation (INDECOM), an independent police oversight agency, reported 50 killings involving the police in the first half of 2015, fewer than for the same period of 2014.
A long-overdue Commission of Enquiry into human rights violations committed during the 2010 state of emergency began in December 2014 and was scheduled to be completed in early 2016. During the state of emergency, 76 civilians were killed by security forces, including 44 who were alleged to have been extrajudicially executed.
JUSTICE SYSTEM
Major backlogs in the judiciary led to continued delays and hampered access to justice. In particular, investigations into police killings remained slow. With a high number of new cases and few resources, the capacity of the Coroner's Court to help resolve the backlog also remained limited.
CHILDREN'S RIGHTS
According to the Jamaica Constabulary Force, 29 children were murdered between January and June, suggesting a failure by the state to protect children from extreme violence and abuse. Conditions of detention and treatment of juvenile offenders were poor. The NGO Jamaicans for Justice (JFJ) documented high levels of attempted suicide among children and young people in juvenile prisons, raising serious concerns about the psychosocial health and well-being of juveniles in state institutions. JFJ also reported that juvenile offenders were not presented promptly before a judge, exceeding the constitutional period to assess the legality of detention and contravening the UN Convention on the Rights of the Child.
VIOLENCE AGAINST WOMEN AND GIRLS
High levels of gender-based violence and domestic violence continued with high numbers of women killed by their spouse or partner. Lesbian, bisexual and transgender women were at risk of sexual violence due to their real or perceived sexual orientation and gender expression.
The government was finalizing a National Strategic Plan of Action to Eliminate Gender-based Violence in Jamaica. A Joint Select Committee of Parliament was under way to review the Sexual Offences Act 2009. Civil society organizations made recommendations during the review, which included widening the definition of rape, decriminalizing sex work, and using gender-neutral language throughout the Act.
RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE
There remained no legal protection against discrimination based on real or perceived sexual orientation or gender identity. Consensual sex between men remained criminalized. Between January and July, the Jamaica Forum of Lesbians, All-Sexuals and Gays (J-FLAG) received 47 reports of human rights violations against LGBTI people. Homelessness and displacement of LGBTI youths remained a concern. Young people pushed out of their homes because of their sexual orientation or gender identity continued to live in storm drains and abandoned buildings. Local NGOs supported homeless LGBTI youths, while the state did little to help. By mid-year, J-FLAG had provided social and crisis services to 329 LGBTI people and continued to receive requests for advice from LGBTI Jamaicans planning to seek asylum in other countries.
In August, a gay pride celebration was held in Jamaica for the first time. The Minister of Justice called for tolerance during the celebration and expressed his support for the rights of LGBTI people to express themselves peacefully.