Jamaica: Domestic violence: number of complaints made to police; percentage of reports leading to investigation, charges and conviction; number of restraining orders issued and whether such restraining orders are enforced; whether the Women's Crisis Centre is still the only organization which provides shelter; organizations that provide legal advice; whether legal aid is available (2004-2005)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 23 November 2005 |
| Citation / Document Symbol | JAM100737.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Jamaica: Domestic violence: number of complaints made to police; percentage of reports leading to investigation, charges and conviction; number of restraining orders issued and whether such restraining orders are enforced; whether the Women's Crisis Centre is still the only organization which provides shelter; organizations that provide legal advice; whether legal aid is available (2004-2005), 23 November 2005, JAM100737.E, available at: https://www.refworld.org/docid/45f147f72.html [accessed 4 June 2023] |
| Comments | Corrected version March 2007 |
| 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. |
Statistics
According to Country Reports 2004, violence against women continues to be a serious problem in Jamaica, but many women are still reluctant to acknowledge or report abusive behaviour, leading to significant variations in evaluating its prevalence (28 Feb. 2005, Sec. 5; Jamaica 14 Nov. 2005, Jamaica Gleaner 26 June 2005).
In his speech of 5 November 2005, Minister of National Security, Peter Phillips, stated that of the over 1,400 homicides committed in Jamaica in 2004, "314 were ... a result of domestic violence which is perhaps the most saddening since in many cases these are all people who know each other and have resorted to the most extreme violence over petty issues" (Jamaica 5 Nov. 2005). A November 2005 news article noted that "[w]hile police figures indicate a general trend downwards of major crimes, the police chief in St. Elizabeth ... is worried by a hike in domestic violence, which has pushed the parish murder toll to 34 so far [in 2005], compared with 29 for all of [2004]" (The Jamaica Observer 14 Nov. 2005).
According to 14 November 2005 correspondence from a representative of the Planning Institute of Jamaica, in 2004, 21.3 per cent of murders were the result of domestic violence (Jamaica 14 Nov. 2005).
In an article of 26 June 2005, Loreen I. MacFarlane, a counsellor since 2005 at the Woman Inc's Crisis Centre in Kingston, told Jamaica Gleaner that spousal abuse was "rife" in Jamaica (Jamaica Gleaner 26 June 2005). The Crisis Centre was contacted for assistance in 625 cases of spousal abuse in 2004, down marginally from the 698 reported cases of 2003 (ibid.; Jamaica 14 Nov. 2005).
Enforcement of Applicable Laws
The Domestic Violence Act came into force in April 1995 to address domestic violence and to protect victims (ibid. 5 Oct. 2004; Country Reports 2004 28 Feb. 2005, Sec. 5). In December 2004, the Domestic Violence (Amendment) Act 2004 was passed by the Jamaican Parliament (Jamaica 21 Oct. 2004; UK Apr. 2005, Sec. 3.8.4). In an article appearing in The Jamaica Observer, Margarette Macaulay, an attorney-at-law and a women's and children's advocate, explains some of the changes brought about by the Amendment:
The amending Act has enlarged the meaning ascribed in the definition section of who is a "child." Now in it child means a person who is under the age of 18 years and who has never been married.... The amending Act has enlarged the reach of the Act to cover not only children of spouses but also those who are or who reside in any household on a regular basis or who are or were members of that household or when any member of the household is the child's guardian, even if that child is not a child of any person there (23 May 2005; UK Apr. 2005).
The amendment also allows for third-party applications (Jamaica 21 Oct. 2004).
The Attorney General and Minister of Justice, Senator A. J. Nicholson, stated that,
[t]he [1995] Act provides for an application by a spouse or parent, in respect of whom the alleged conduct has been or is likely to be engaged in, by the respondent... "[H]owever, the Act does not permit third party intervention, on behalf of a spouse or parent" (ibid.).
According to the Jamaica Information Service, the amendments allows "an interested third party" who has the permission of the court, to start proceedings on behalf of someone who has suffered spousal abuse, a particularly important allowance in cases of battered women's syndrome (ibid.; U.K, Apr. 2005).
Government
The government of Jamaica has taken steps to help reduce violence against women (ibid. Sec. 3.8.6): the Sistren Theatre Collective, a popular theatre group is using its creative productions to educate citizens regarding "domestic violence, youth and violence, and organized crime" (Jamaica 12 July 2005). A partnership between Jamaica and Canada called the Social Conflict and Legal Reform Programme allows all staff of the Jamaican Family Court to take advantage of "training sessions in customer service, child abuse and domestic violence and law relating thereto" (ibid. 21 Mar. 2005).
On 31 October 2005, Jamaica's Cabinet gave the go-ahead for Jamaica's accession to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women – Convention of Belem do Para (ibid. 31 Oct. 2005; ibid. 2 Nov. 2005). The main functions of this Convention are to define violence against women as including conduct which results in death or physical, sexual or psychological harm; and to identify fundamental rights and freedoms to which women are entitled as including, the right to life, liberty and equal protection before the law (ibid.; ibid. 31 Oct. 2005; OAS n.d.).
No information on the impact of Jamaica's accession to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women – (Convention of Belem do Para) on Jamaica's domestic legislation could be found among the sources consulted by the Research Directorate.
Work by Non-Governmental Organizations
On 24 November 2004, Amnesty International (AI) began a series of radio announcements in Jamaica (AI 23 Nov. 2004). The radio announcements were part of AI's campaign "Stop Violence Against Women" started in March 2004 (ibid.; UK Apr. 2005, Sec 3.8.6).
On 13 July 2005, an article in The Jamaica Observer reported that the Jamaican non-governmental organization (NGO) Woman Incorporated had begun a three-day "domestic violence intervention training programme" in Kingston. By July 2005, this program had already reached 800 police officers across Jamaica but Joyce Hewett, coordinator of the program, expressed the need to expand it (The Jamaica Observer 13 July 2005). According to Hewett, the objective of the program was "to sensitise the police to key issues in domestic violence – for example, how to empathise with victims, the right type of conversation with and responses to victims, keeping women safe, and working with men" (ibid.).
In a 9 October 2005 telephone conversation, the former executive director of the Women's Affairs Bureau of the Government of Jamaica informed the Research Directorate that the Women's Crisis Centre, operated by Woman Inc, was still the only organization providing temporary residence for women in crisis. The centre provides a counselling service and a 24-hour hotline to help women (Jamaica 9 Nov. 2005). The centre advises women on where they can get legal assistance, but does not provide legal aid (ibid.).
In correspondence with the Research Directorate, the president of Woman Inc confirmed that "Woman Inc, which operates the crisis centre and shelter is the only organization in Jamaica which provides shelter for women who have been victims of domestic violence, rape, incest and sexual harassment" (Women Inc. 8 Nov. 2005; Jamaica 9 Nov. 2005). She also informed the Research Directorate that the Women's Crisis Centre does not provide legal advice to women who have been abused, but "they refer [their] clients to members of the legal profession who may provide such legal advice gratis or at reduced cost. Legal aid is also available through the Kingston Aid Clinic and the clinic of the Norman Manley Law School" (Woman Inc. 8 Nov. 2005).
In a Jamaica Gleaner article dated 26 June 2005, Loreen MacFarlane, a counsellor at the Women's Crisis Centre, stated that the crisis centre offers legal alternatives to separation or divorce. Depending on the details of a complainant's case, abusers can be given a light prison sentence or ordered to pay a fine (Jamaica Gleaner 26 Jun. 2005).
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 for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Amnesty International. 23 November 2004. "Jamaica: End the Silence, Stop the Violence – New Campaign to Stop Domestic Violence." Media Advisory. (AMR 38/018/2004). Country Reports on Human Rights Practices for 2004. 28 February 2005. "Jamaica." United States Department of State. Jamaica. 14 November 2005. Planning Institute of Jamaica. Correspondence from a representative. Jamaica Gleaner [Kingston]. 26 June 2005. Howard Campbell. "Spousal Abuse Rife." The Jamaica Observer [Kingston]. 14 November 2005. Garfield Myers. "Domestic Violence a Major Concern as St. Elizabeth Murder Toll Climbs." Organization of American States (OAS). N.d. Inter-American Commission of Women. Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women. United Kingdom (UK). April 2005. Immigration and Nationality Directorate (IMD). Country Information and Policy Unit (CIPU). "Jamaica." Country Report. Woman Inc. (Kingston, Jamaica). 8 November 2005. Correspondance from the President.
Additional Sources Consulted
Internet sites, including: Caribbean Association of Feminist Research, Economic Commission for Latin America and the Caribbean, Centro de estudios de Justicia de las Américas, Human Rights Internet, Human Rights Watch, Jamaica Constabulary Forces, Office of the Director of Public Prosecutions of Jamaica, United Nations Development Programme, United Nations WomenWatch, Women's Media Watch, Ziplaw: Legal Information for Jamaica.
_____. 9 Novembre 2005. Ministry of Development. Bureau of Women's Affairs. Telephone interview with the former Executive Director.
_____. . 5 November 2005. Jamaica information Service. "National TV and Radio Broadcast by National Security Minister, Dr. the Hon. Peter Phillips."
_____. 2 November 2005. Jamaica information Service. "Cabinet approves Jamaica's Accession to Inter-American Convention to Protect Women."
_____. 31 October 2005. Cabinet Office of the Government of Jamaica. "Accession to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Woman – Convention of Belem do Para."
_____. 21 July 2004. Jamaica Information Service. Alicia Dunkley. "Citizen Security and Justice Programme – Transforming the Lives of Inner-city Residents."
_____. 21 March 2005. Jamaica Information Service. "Local Justice System Benefiting from International Alliances."
_____. 21 October 2004. Jamaica Information Service. "Senate Passes Amendments to The Domestic Violence Act."
_____. 15 October 2004. Permanent Mission of Jamaica to the United Nations in United Nations. Statement by Mrs. Ariel Bowen to the Third Committee – 59th United Nations General Assembly on Agenda Item 98 and Agenda Item 99.
_____. 13 July 2005. Taneisha Davidson. "Police Being Trained to Handle Household Violence."
_____. 23 May 2005. Margarette Macaulay. "How Does the Domestic Violence Act Treat children?"
