Jamaica: Effectiveness of the Domestic Violence Act, 1999-2000 (update to JAM30492.E of 17 Nov. 1998)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 16 October 2000 |
| Citation / Document Symbol | JAM35589.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Jamaica: Effectiveness of the Domestic Violence Act, 1999-2000 (update to JAM30492.E of 17 Nov. 1998), 16 October 2000, JAM35589.E, available at: https://www.refworld.org/docid/3df4be4f16.html [accessed 5 June 2023] |
| 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. |
The following information on domestic violence and the Domestic Violence Act is taken from a 16 March 1999 IPS report.
Despite the introduction of the Domestic Violence Act in 1996, public awareness of the act is low and enforcement of the law inadequate. According to one lawyer, many women are afraid to report domestic violence to the police because they are often made to feel the situation is their fault. Some 103 women died in domestic violence-related incidents in Jamaica in 1998, while 880 women were raped and 540 sexually abused. Police statistics indicate that nearly 45 percent of all murders in Jamaica are a result of domestic violence (ibid.).
Some women are aware of the Act but still fear for their lives even after obtaining court orders, because the law cannot guarantee them 24-hour-a-day protection (ibid.).
The penalty for anyone found guilty of abuse under the Domestic Violence Act is a fine of $55 or three months' imprisonment (ibid.).
The are 1.2 million women in Jamaica, but only one shelter for battered women. The shelter, which accommodates about 10 persons at any one time, depends on donations from individuals and companies. The shelter is located in Kingston and is virtually inaccessible to rural women. The shelter was closed in 1998 because of a lack of funds, but later reopened with scaled back operations (ibid.).
Further, information provided to the Economic Commission for Latin America and the Caribbean (ECLAC) by the Bureau of Women's Affairs (BWA) indicates that Jamaica does have an action plan for women, part of which addresses domestic violence-related issues (Dec. 1999). The BWA conducts a Justice System Workshop on Violence Against Women to sensitize members of the judiciary, security forces, Bar Association, Legal Reform Council, lawyers and leaders of women's NGOs to domestic violence-related issues (ibid.). These workshops are held throughout the island (ibid.).
The following information was provided by Patsy Mair, president of Women Inc., which operates the Kingston Crisis Centre, in an interview published in the 11 October 1999 issue of The Jamaica Gleaner.
"We're noticing an increase in calls about rape and incest. ... We don't know whether this means there are more cases, or just that women and girls are more comfortable talking about their experiences. There is still an enormous stigma attaching to the woman in these matters. They may face ridicule and contempt from people in their community, and if the case should go to court, it is still the woman's character which will be on trial. Also, in some cases incest seems so common, girls tell us that although they were uncomfortable with what their male relative was doing, they knew it had happened to their sisters as well, so they weren't sure it was wrong."
Although the Crisis Centre does training for the police, Mrs. Mair reports that police still treat violence against women with a certain tolerance.
"Not all policemen, ... but we have had difficulty getting the kind of numbers we would like at our workshops and full support from some senior police officers. ... with the inception of the Police Rape Unit there is a growing recognition that rape is a serious crime, [but] incest is still not regarded as such."
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Economic Commission for Latin America and the Caribbean (ECLAC). December 1999 (last update). Directory of National Organizations Dealing with Programmes and Policies on Women in Latin America and the Caribbean: Jamaica.
Inter Press Service (IPS). 16 March 1999. Ingrid Brown. "Population – Jamaica: Domestic Violence, the Silent Epidemic." (NEXIS)
The Jamaica Gleaner [Kingston]. 11 October 1999. Diana McCaulay. "Women in Crisis."
Additional Sources Consulted
Country Reports 1999. 25 February 2000.
IRB databases.
LEXIS-NEXIS.
WIN News [Lexington, Mass.].
World News Connection (WNC).
Internet sites including:
Amnesty International.
Human Rights Internet (HRI).
Human Rights Watch (HRW).
The Jamaica Observer [Kingston].
UK Home Office country assessments.
United Nations (WomenWatch, UNIFEM, CEDAW, UNDP, UNESCO, UNICEF).
Women in Development Network (WIDNET).
