30/15 Report of the Working Group on the Universal Periodic Review - Jamaica

Human Rights Council Thirtieth session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Jamaica

* The annex to the present report is circulated as received.

Contents

Page

Introduction ...................................................................................................................................... 3

I. Summary of the proceedings of the review process ......................................................................... 3

A. Presentation by the State under review .................................................................................... 3

B. Interactive dialogue and responses by the State under review ................................................. 7

II. Conclusions and recommendations .................................................................................................. 15

Annex

Composition of the delegation ......................................................................................................... 27

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-second session from 4 to 15

May 2015. The review of Jamaica was held at the 15th meeting, on 13 May 2015. The

delegation of Jamaica was headed by Mark Golding. At its 17th meeting, held on 15 May

2015, the Working Group adopted the report on Jamaica.

2. On 13 January 2015, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Jamaica: Algeria, Estonia and Japan.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Jamaica:

(a) A national report (A/HRC/WG.6/22/JAM/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) (A/HRC/WG.6/22/JAM/2);

(c) A summary prepared by OHCHR (A/HRC/WG.6/22/JAM/3).

4. A list of questions prepared in advance by Germany, Liechtenstein, Mexico,

Norway, Slovenia, Spain, Sweden, the United Kingdom of Great Britain and Northern

Ireland, and the United States of America was transmitted to Jamaica through the troika.

These questions are available on the extranet of the Working Group.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The representative of the State under review stated that, as a newly independent

country, Jamaica had initiated and advocated for the International Year for Human Rights

as part of a focused attempt to define an international human rights landscape with agreed

principles, guaranteeing fundamental freedoms and rights for all peoples. The Constitution

guaranteed the protection of the human rights of all Jamaicans regardless of colour, class or

creed. Since 2011, these rights had been further expanded through the Charter of

Fundamental Rights and Freedoms. It also highlighted that the Charter applied vertically to

the State and also horizontally among persons, therefore inculcating respect for human

rights at all levels of society by holding all persons, including the State, accountable.

6. Jamaica had embarked on a path of national transformation through the national

development plan for 2009–2030, Vision 2030 Jamaica, which revolved around four

national goals: Jamaicans are empowered to achieve their fullest potential; Jamaican society

is secure, cohesive and just; the economy is prosperous; and the country has a healthy

natural environment.

7. Efforts were ongoing to address the impact on the country’s economy of the 2008

global economic recession. The most central adjustment, aimed at reducing the overall debt

burden, was the maintenance of a large primary surplus (7.5 per cent of the gross domestic

product) for at least four years, an adjustment that limited the availability of resources for a

range of policies and programmes in the social sector.

8. The Government’s economic reform programme had yielded positive results,

including unemployment reduction, economic growth, reduced inflation, a narrowing of the

current-account deficit and increased local and foreign investments.

9. The needs of the vulnerable remained a top priority for the Government, which is

why the first comprehensive social protection strategy of Jamaica had been developed in

2013 and, in March 2014, the Cabinet had approved a social protection strategy. The

Government was currently developing a new national poverty policy and programme and a

poverty reduction coordination unit had been established in the Planning Institute of

Jamaica to oversee this process.

10. The Government understood that seeking to reduce crime and violence and improve

social harmony were not incompatible with a sustained commitment to human rights but

rather complementary. The Charter of Fundamental Rights and Freedoms afforded

protection to the rights and freedoms of persons to the extent that those rights and freedoms

did not prejudice the rights and freedoms of others. The Government thus remained

determined to reduce crime and violence, including through an increased emphasis on

social interventions, community programmes and more effective policing. The Jamaica

Constabulary Force had acquired new equipment and technology, established additional

posts and increased recruitment, and Jamaica had registered a marked downward trend in

serious crimes over the past five years.

11. Regarding recommendations made during the first universal periodic review of

Jamaica, the Cabinet had approved the establishment of an inter-agency steering committee

on the review, which had been given the following tasks: to review the recommendations

that Jamaica had accepted during the 2010 review; to develop an action plan, including

strategies and timelines, to advance the implementation of those recommendations; to

support efforts aimed at raising awareness about the promotion and protection of human

rights; and, where necessary, to recommend possible changes to existing pieces of

legislation.

12. Since its review, Jamaica had ratified the Optional Protocol to the Convention on the

Rights of the Child on the sale of children, child prostitution and child pornography and

would consider ratifying the Optional Protocol to the Convention on the Rights of Persons

with Disabilities. In addition, Parliament had passed a comprehensive Disabilities Act in

October 2014.

13. Jamaica had submitted reports to the Committee on the Elimination of

Discrimination against Women, the Committee on the Elimination of Racial

Discrimination, the Committee on the Rights of the Child, the Human Rights Committee

and the Committee on Economic, Social and Cultural Rights.

14. Jamaica was still putting in place the relevant domestic legislation that could give

effect to the implementation of the Convention against Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment; acts of torture had never been condoned nor

accepted as a practice in Jamaica. Significant progress was being made in addressing many

of the recommendations of the Special Rapporteur on torture and other cruel, inhuman or

degrading treatment or punishment in his report on his visit to Jamaica in 2012, including

concerning conditions in detention facilities.

15. Jamaica was at an advanced stage in the drafting of the legislation to bring its

domestic law into compliance with the Rome Statute of the International Criminal Court.

The Cabinet had already approved ratification of the Rome Statute once the required

domestic legislation was in place.

16. At the primary and secondary levels, human rights education was included in the

national curricula and in all levels of teacher training. The Jamaica Constabulary Force had

included fundamental human rights in its basic police training and had a highly qualified

team of trainers.

17. The Government was actively pursuing the establishment of a national human rights

institution and Jamaica already had an effective, extensive network of institutions mandated

to protect the rights of Jamaicans. The plan was to establish a national human rights

institution by expanding the role and functions of existing entities.

18. Jamaica regarded special procedures rapporteurs as constructive players in the

international human rights framework. It was not opposed to accommodating visits of

special rapporteurs, which were considered on a case-by-case basis. It added that adequate

notice should be given to the Government to ensure that the necessary arrangements were

in place for a successful visit, in accordance with mutually agreed dates. Jamaica

recommended to the Human Rights Council that a mechanism should be put in place that

allowed for information to be shared among these various human rights bodies and

procedures, as there were often overlapping requests that were not only inefficient but also

unduly stretched the country’s limited resources.

19. Justice reform was a priority for the Government. The justice reform implementation

unit, established in 2012, coordinated, monitored and supported the timely delivery of all

justice-sector reform initiatives, driving the implementation of the justice reform agenda.

Several projects, programmes and legislation had been developed over the past three years

in support of a more efficient criminal justice system, including the Evidence (Amendment)

Act, aimed at reducing sources of lengthy delay and unnecessary costs in the court process;

the Administrator General (Amendment) Act, which would facilitate the speedier

processing of intestate estates and substantially reduce burden of cases; the Criminal

Records (Rehabilitation of Offenders) (Amendment) Act 2014, which reduced the period

required before persons convicted of less serious offences could have their convictions

removed from the criminal records; the Dangerous Drugs (Amendment) Act 2015, which

removed the powers of arrest and detention in relation to the possession of small quantities

or smoking of ganja, and possession of same would no longer be prosecuted in the courts.

The Act also recognized the indigenous Rastafari community, and protected their

constitutional right to freedom of religious expression by including special measures

relating to the cultivation and use of the ganja plant for sacramental purposes. Flogging and

whipping, forms of inhumane judicial punishment dating from the era of slavery and

colonialism, had been legislatively abolished in 2012.

20. A national restorative justice programme was being established to ensure increased

access to justice for citizens. The programme also encouraged increased public confidence

and trust in the justice system by fostering greater participation in and ownership of

restorative justice processes by communities and victims.

21. Regarding crime, justice and police reform, the delegation reported that a series of

measures had been taken to enhance operational and administrative efficiency and reduce

serious crime, including the successful merger of the Island Special Constabulary Force

into the Jamaica Constabulary Force, and an increase in police recruitment, which had

contributed to the ongoing improvement of crime statistics, with a 17 per cent decline in

serious and violent crimes in 2014 over 2013.

22. The delegation reported the passing of important legislation relating to law

enforcement, including the Law Reform (Fraudulent Transactions) (Special Provisions) Act

and the Criminal Justice (Suppression of Criminal Organisations) Act, and legislation that

would establish a national DNA database.

23. A data system to facilitate the operation of the sex offenders registry had been

completed in 2014. Under the Sexual Offences Act, persons convicted of certain offences,

including rape, abduction and the sale of or trafficking in persons, are included in the sex

offenders registry. The Department of Correctional Services would monitor registered sex

offenders for the period stipulated by law after their release from custody.

24. On the 2010 operation in Tivoli, following an investigation by the Office of the

Public Defender, a report had been submitted in April 2013, recommending, inter alia, the

establishment of the Commission of Enquiry into the activities. The terms of reference for

the Commission had been finalized after a process of public consultation and that the

Commission had been working since December 2014.

25. Although there was a de facto moratorium on the application of the death penalty,

no decision had been taken to abolish it from the law books. Individual petitioners retained

the right to petition the Inter-American Commission on Human Rights.

26. The Government was strongly opposed to killings resulting from the excessive use

of force by State agents and the Jamaica Constabulary Force had put in place a policy

aimed at the protection of human rights, in particular the right to life, by enforcing

regulations on the use of force, including firearms, in conformity with national and

international laws. The policy had been supported by the establishment of the independent

commission of investigations in 2010 as an institution dedicated to ensuring that allegations

of the excessive use of force are investigated in a prompt, independent and effective

manner. The delegation also said that the Government had increased the commission’s

financial, technical and human resources.

27. As a result of these measures, Jamaica had recorded a reduction of over 50 per cent

in security-force-related fatalities in 2014 compared with 2013 and that the trend had

continued in 2015. The Government also continued to act to ensure that police officers

implicated in cases of excessive use of force and who had fled the country were extradited,

where possible, to answer charges.

28. The protection of the vulnerable in society, particularly children, the elderly, women

and the disabled, remained of paramount importance to Jamaica. For the protection of

children, a national plan of action for an integrated response to Children and Violence was

being developed. The Government had in 2004 established a comprehensive network of

institutions mandated to protect the rights of children and ensure their well-being. The

Ananda alert system, established in March 2013 through the Office of the Children’s

Registry, was a nationwide system used for the safe and speedy recovery of missing

children, and had recorded some success since its inception.

29. Jamaica was firmly committed to improving conditions in the operation of lock-ups

and correctional facilities in order to meet international human rights standards. However,

several obstacles needed to be overcome, in particular the long-outdated physical

infrastructure of the lock-ups and prisons. Notwithstanding these challenges, meaningful

improvements had been made in the past two years, including a reduction in the number of

juveniles in correctional or remand facilities and a 25 per cent decrease in 2014 in the

number of persons in police custody.

30. A national policy for gender equality had been put in place in 2011. According to a

study conducted in 108 countries by the International Labour Organization, Jamaica ranked

highest in the world in the percentage of women managers, at 59.3 per cent.

31. Gender-based violence remained a challenge that required a multi-faceted approach.

A national strategic plan of action to eliminate gender-based violence was being finalized

as part of a strengthened effort to address gender-based violence in all its forms.

32. The national task force against trafficking in persons was raising awareness among

the public of the problem of trafficking and in 2013 the Trafficking in Persons Act had been

amended, widening the offence of human trafficking to include debt bondage and offences

similar to trafficking and establishing a mandatory order for restitution for victims of

trafficking. Eight trafficking in persons cases were currently before the court. The

delegation considered that, owing to the clandestine nature of the crime, it was increasingly

difficult to secure convictions as victims and witnesses were often reluctant to testify.

33. The Constitution of Jamaica and the Charter of Fundamental Rights and Freedoms

Act (2011) guaranteed certain State protection to persons with disabilities. The Disabilities

Act 2014 sought to promote, protect and facilitate the full and equal enjoyment of all

fundamental rights and freedoms for persons with disabilities.

34. The 2009 policy on refugees, which was guided by the 1951 Convention Relating to

the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees, had

established the procedures for managing the refugee-status determination process.

35. A national policy and plan of action on international migration and development had

been adopted. The Constitution guaranteed basic human rights to all Jamaicans and

prohibited discrimination on the basis of sex or gender. In order to create greater

understanding of the concerns of the lesbian, gay, bisexual and transgender community,

several initiatives had been put in place. The Jamaica Constabulary Force had already

established a clear policy of engagement with the that community, including human rights

training and awareness-raising. Its diversity policy included objectives such as fostering

public confidence by demonstrating fairness, integrity, tolerance and understanding,

providing the necessary support to victims and eliminating fear of reporting crime and

violence.

36. The delegation highlighted that the Jamaican Government remained committed to

implementing the recommendations arising from the universal periodic review and would

endeavour to uphold its demonstrated tradition of respect for the rule of law.

37. As a small island developing State that was highly indebted, Jamaica had capacity

constraints and was vulnerable to external shocks that posed very real constraints on its

ability to implement the full range of measures that would enable all citizens to enjoy their

civil, political, social and cultural rights. The representative of Jamaica expressed gratitude

to the many bilateral partners that had offered technical and other assistance to ensure the

development of national capacities to meet the State’s obligations to the people of Jamaica.

In conclusion, he said that Jamaica hoped to continue to have meaningful partnerships, at

home and abroad, striving to strengthen the human rights and dignity of the Jamaican

people.

B. Interactive dialogue and responses by the State under review

38. During the interactive dialogue, 64 delegations made statements. Recommendations

made during the dialogue can be found in section II of the present report.

39. Sweden asserted that, according to reports, hostility and violence perpetrated against

Jamaicans who are either lesbian, gay, bisexual or transgender is widespread, and that

despite the fact that more of these persons were reporting acts of violence and

discrimination to the police, many incidents remained unreported.

40. Thailand encouraged Jamaica to work towards a permanent coordination structure to

monitor and report on human rights obligations. It raised concerns about reports of

excessive use of force by law enforcement personnel, and hence welcomed the

establishment of the independent commission of investigations.

41. Timor-Leste welcomed the adoption of the Charter of Fundamental Rights and

Freedoms, the Sexual Offences Act and the Child Pornography Prevention Act. It remained

concerned by the prevalence of trafficking in persons despite the existence of a national

plan of action.

42. Togo praised the progress in gender equality, with the appointment of a woman as

Prime Minister and with 21 per cent of Parliament being women. It commended Jamaica on

the protection of persons with disabilities through the 2014 Law and the Vision 2030

Jamaica national development plan.

43. Trinidad and Tobago also applauded the Vision 2030 Jamaica national development

plan, which integrated a wide spectrum of socioeconomic human rights objectives. It

commended Jamaica on its national energy policy and its target to achieve 30 per cent of

renewable energy by 2030.

44. Turkey enquired about the social-development strategy drawn up in 2013. It echoed

the concerns of the Committee on the Elimination of Discrimination against Women on the

high incidence of domestic violence. It encouraged the finalization and implementation of

the national strategic plan of action to eliminate gender-based violence.

45. The United Kingdom of Great Britain and Northern Ireland urged the Government

to implement fully comprehensive anti-discrimination legislation. It welcomed the steps

taken to identify and prosecute members of the security forces involved in acts of

corruption or violence against civilians.

46. France deplored the persistence of discrimination and violence against lesbian, gay,

bisexual and transgender persons. It raised concerns over police violence and the conditions

in detention. To improve the situation, it encouraged Jamaica to implement effectively the

control procedures based on national laws.

47. Uruguay highlighted the emphasis on early education and the implementation of the

“tablets in schools” pilot programme. It congratulated Jamaica on the ratification of the

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child

prostitution and child pornography and the ongoing consideration of the ratification of the

Optional Protocol to the Convention on the Rights of Persons with Disabilities.

48. The Bolivarian Republic of Venezuela noted that notwithstanding the challenges of

climate change, Jamaica had demonstrated its commitment to implementing the

recommendations from the first cycle. It welcomed the implementation of the national

development plan and the gender equality policy, as well as efforts for the protection of the

rights of persons with disabilities.

49. Algeria welcomed the progress made by Jamaica since the first review, including the

ratification of the Optional Protocol to the Convention on the Rights of the Child on the

sale of children, child prostitution and child pornography. It commended the country on the

measures taken to provide better protection to women, on the efforts to strengthen gender

equality and on the national development plan.

50. Angola commended Jamaica on the ratification of the Optional Protocol to the

Convention on the Rights of the Child on the sale of children, child prostitution and child

pornography and the submission of the fourth periodic report under the International

Covenant on Civil and Political Rights. It encouraged Jamaica to continue its cooperation

with the special procedures mandate holders. It remained concerned over conditions at

correctional facilities.

51. Argentina thanked the delegation for the presentation of the national report. It

congratulated Jamaica on the ratification of the Optional Protocol to the Convention on the

Rights of the Child on the sale of children, child prostitution and child pornography

following the first review.

52. Australia remained concerned at the high levels of physical and sexual violence

against women and girls, that a formal moratorium on the death penalty had not been

adopted and at the high numbers of police killings. It welcomed the willingness of Jamaica

to engage actively in the universal periodic review process.

53. Barbados noted progress on enhancing gender equality and on the empowerment of

women and girls. It urged Jamaica to prioritize finalizing and implementing the national

strategic plan of action to eliminate gender-based violence. It viewed as positive the efforts

to enhance the security of citizens.

54. Botswana commended Jamaica on the ratification of the Optional Protocol to the

Convention on the Rights of the Child on the sale of children, child prostitution and child

pornography, as recommended in the first review cycle. It encouraged Jamaica to finalize

and fully implement the national strategic plan of action to eliminate gender-based violence

and step up its efforts to combat trafficking in persons.

55. Mexico noted the progress made since the last review. It commended Jamaica on the

changes in the legal framework, in particular the adoption of initiatives to eliminate gender

violence, as well as efforts to secure general access to drinking water.

56. Cabo Verde praised the spectrum of measures taken to implement the

recommendations from the first review cycle through the adoption of legislative measures

the creation of institutions and the adoption of policies and plans relating to gender-based

violence, judicial reform, law enforcement abuse, human trafficking and social protection.

57. Canada welcomed the steps taken by the Ministry of Justice in collaboration with the

Commonwealth Secretariat towards the establishment of a national human rights institution

and encouraged continued efforts in this area.

58. Chile noted that the Charter on Fundamental Rights and Freedoms did not protect

against all forms of discrimination. It praised the ratification of the Optional Protocol to the

Convention on the Rights of the Child on the sale of children, child prostitution and child

pornography. Chile regretted the non-abolition of the death penalty.

59. China highlighted in particular the progress made by Jamaica in the implementation

of the national development plan, the strengthening of social security and the recovery of

the economy. China further recognized the efforts made in the areas of gender equality,

improvement of the legal system and human rights education.

60. Colombia highlighted the commitment of Jamaica to promoting and protecting

human rights, recognizing in particular the Charter of Fundamental Rights and Freedoms.

Colombia noted efforts to implement recommendations from the first cycle, particularly

those made by Colombia on women’s rights.

61. Jamaica thanked countries for their recognition of the progress Jamaica had made in

the area of human rights and noted the observations and recommendations made. The

delegation recalled that many of the questions raised had already been addressed in its

report and in the statement, specifically those regarding the Convention against Torture, the

death penalty, the use of force by police, the visits by the special procedures, the Optional

Protocol to the Convention on the Rights of Persons with Disabilities and the lesbian, gay,

bisexual, transsexual and intersex community.

62. With regard to a reference to the killing of human rights defenders, the delegation

said that the Government was not aware of there being any killing or adverse treatment of

human rights defenders, who were accorded a great deal of respect, had full access to the

media and had assisted greatly in the progress Jamaica had made in human rights.

63. As to the project on justice reform, the delegation said that, owing to a lack of

resources in the area, these issues had to be approached through non-funded activities such

as procedural reforms.

64. In relation to the social intervention programmes, the delegation said that the Path

programme was the country’s safety-net programme which provided for cash transfers that

were based on children attending school, basic public health, inoculations etc., and had

generally been considered successful. The delegation added that payments were

differentiated to improve the school-attendance levels of students, especially boys. It also

mentioned transitional grants to complete secondary school, bursaries for third-level

students based on their academic achievement, transportation allowances and the food

programme for schools.

65. Regarding a comment about the incarceration of juveniles, the delegation stated that

this was no longer the case, as for both males and females there were separate facilities for

juveniles from adults. The only exception was if a juvenile was of a particularly serious risk

to other juveniles and had to be housed in especially secure accommodation, and there were

few such cases.

66. Costa Rica welcomed the commitment of Jamaica to consolidating democracy. It

was concerned at the excessive use of force by security forces and therefore welcomed the

creation of the independent commission of investigations. It hoped that the national

strategic plan of action to eliminate gender-based violence would be promptly adopted.

67. Cuba recognized the progress made in the implementation of recommendations from

the first cycle. It highlighted the national development plan, the social protection strategy,

the ongoing work on the national strategic plan of action to eliminate gender-based violence

and efforts to improve the situation in places of detention.

68. Cyprus welcomed the fact that Jamaica had abstained from applying the death

penalty for 25 years. It expressed concern, however, that the Government was not

considering abolishing capital punishment.

69. The Democratic Republic of the Congo praised the adoption of the national plan

Vision 2030 and the establishment of the independent commission of investigations. It

noted the strengthening of freedom of expression through the adoption of new laws.

70. Denmark was pleased to learn that Jamaica was currently working to put in place

relevant legislation with a view to ratifying the Convention against Torture, in line with

accepted recommendations from the first view. It noted that the Convention against Torture

Initiative, which was a Government-to-Government exchange and cooperation initiative,

stood ready to assist Jamaica if deemed useful.

71. The Dominican Republic commended Jamaica on the national development plan and

the gender equality plan. It highlighted efforts to improve conditions in detention centres

and invited Jamaica to become acquainted with its penitentiary system, which is used as a

model by various countries in the region.

72. Ecuador recognized the efforts made to implement recommendations from the first

review, in particular the adoption of legislative measures to eliminate discrimination and

violence against women. It praised efforts for the promotion and protection of the rights of

persons with disabilities, as part of the national development plan.

73. Egypt commended Jamaica on the adoption of the Charter of Fundamental Rights

and Freedoms, the Sexual Offences Act and the Child Pornography Prevention Act. It

expressed concern about trafficking in persons.

74. Estonia encouraged Jamaica to strengthen dialogue and cooperation with civil

society in all fields. It commended Jamaica on the positive steps since the previous

universal periodic review. It welcomed the adoption of legislative measures aimed at

eliminating discrimination and violence against women and promoting gender equality. It

was concerned about the high level of violence and use of corporal punishment in the

home and in schools.

75. The United States of America remained concerned about the involvement of

government security forces in unlawful killings, laws prohibiting consensual same-sexual

conduct, and violence and discrimination against the lesbian, gay, bisexual and transsexual

community. It noted that despite the Government’s efforts, trafficking for sex and forced

labour involving children and adults persisted.

76. Germany remained concerned over the continued violence against women and

lesbian, gay, bisexual and transsexual persons and the lack of investigations in cases of

alleged extrajudicial killings. It encouraged ratification of the Convention against Torture,

as well as the 1954 Convention relating to the Status of Statelessness Persons and the

Second Optional Protocol to the International Covenant on Civil and Political Rights.

77. Guatemala praised the establishment of a national human rights institution. It echoed

the recommendation of the Committee on the Rights of the Child to ratify the Convention

against Torture and its Optional Protocol. Referring to the Office of the United Nations

High Commissioner for Refugees, it encouraged the establishment of an impartial and swift

refugee-status determination procedure in accordance with international norms.

78. Honduras applauded the efforts of Jamaica to implement previously accepted

recommendations and make progress on human rights, particularly on gender equality. It

commended the national development plan, Vision 2030, and the Law on Disability (2014).

79. India appreciated the cooperation between Jamaica and human rights mechanisms,

as well as the national development plan, Vision 2030, the national restorative justice

programme, and the independent commission of investigations. It asked about the social-

protection strategy and about efforts to resolve community-level conflicts. It appreciated

the efforts made to combat crime, violence and human trafficking. It encouraged

strengthening the judiciary.

80. Indonesia commended Jamaica on the national policy for gender equality,

independent commission of investigations and the national action plan on human

trafficking. It acknowledged progress in addressing recommendations from the Special

Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. It

welcomed the decision to establish a national human rights institution.

81. Ireland congratulated Jamaica on the ratification of the Optional Protocol to the

Convention on the Rights of the Child on the sale of children, child prostitution and child

pornography. It encouraged extending a standing invitation to special procedures mandate

holders. It was concerned that the Sexual Offences Act 2009 protected against marital rape

only in certain circumstances. Ireland noted that Jamaica was considering establishing a

national human rights institution.

82. Italy welcomed steps to implement the recommendations of the universal periodic

review and the treaty bodies. It encouraged Jamaica to make further efforts to combat any

form of discrimination.

83. Japan commended Jamaica on its gender equality policy, but was concerned about

domestic and sexual violence against women. It encouraged further strengthening women’s

rights. Despite measures to protect children, Japan was concerned at child abuse. It was also

concerned about detention conditions.

84. Malaysia appreciated efforts to train police and law enforcement personnel and to

combat gender-based violence, as had been previously recommended by Malaysia. It

lauded the national development plan, Vision 2030, and the ratification of the Optional

Protocol to the Convention on the Rights of the Child on the sale of children, child

prostitution and child pornography. Malaysia noted achievements in gender equality.

85. Maldives commended Jamaica for the progress made in key areas since its last

review, in particular achievements in addressing gender equality, non-discrimination and

the empowerment of women. It further commended Jamaica on the recent social-protection

strategy, which it said was essential in safeguarding the rights of vulnerable groups.

86. Mauritius commended Jamaica on its commitment to the universal periodic review

process, highlighting legislative and institutional changes. It congratulated Jamaica on the

steps taken to promote gender equality and the empowerment of women. It noted the

positive steps towards the establishment of a national human rights institution.

87. Brazil stressed that more attention should be given to the rights of women, children,

the lesbian, gay, bisexual and transsexual community and persons living with HIV/AIDS. It

welcomed the legislative measures to eliminate discrimination against women. Brazil

commended the implementation of the national development plan, Vision 2030.

88. Montenegro welcomed the legislative measures taken by Jamaica between the two

review cycles, aimed at promoting gender equality and eliminating violence against women

and girls. It asked about activities taken to strengthen the legislation framework and

implementation of policies and programmes in the field of gender equality and the fight

against homophobia and discrimination based on sexual orientation and gender identity.

89. Morocco encouraged Jamaica to continue to harmonize its national legislation with

its international obligations. It welcomed the ratification of the Convention on the Rights of

the Child and its Optional Protocol on the sale of children, child prostitution and child

pornography. Morocco praised the legislative measures taken to eliminate discrimination

against women and the policies to promote gender equality and to combat AIDS.

90. Namibia commended Jamaica on its national development plan, Vision 2030, and on

its comprehensive social-protection strategy. It noted the explanation and comments given

by the Jamaican delegation on the death penalty.

91. The Netherlands welcomed the Charter of Fundamental Rights and Freedoms, the

Sexual Offences Act and the Child Pornography Act. It expressed concern about the

violence against lesbian, gay, bisexual and transsexual persons and the abstention from

signing the Rome Statute.

92. Nicaragua congratulated Jamaica on its measures to implement previous universal

periodic review recommendations. It appreciated the national policy for gender equality and

the social-protection policy.

93. Regarding the question of corporal punishment in schools, the delegation stated that

regulations in Jamaica prohibited the use of corporal punishment. The delegation added that

wider prohibition of corporal punishment in Jamaica was a culturally sensitive issue that

was under consideration, and that no definitive position had been taken on that matter.

94. On the definition of marital rape in the Sexual Offences Act, the delegation asserted

that the point was well taken and that the Act was under review by a select committee under

Parliament, and one of the issues before the committee was to eliminate some of the

restrictiveness of the current definition of marital rape.

95. In relation to the Rome Statute, Jamaica had signed it but had not yet ratified it and

domestic legislation had to be brought into conformity before acceding to it. The delegation

added that this was a policy followed by the Government so not to be in breach of any

international laws by not having domestic law in compliance.

96. With regard to correctional facilities and lock-ups, a new block for low- and

medium-security prisoners was being commissioned that would address overcrowding at

the two main high-security, correctional facilities. The delegation stated that a robust

reclassification exercise was under way in relation to transferring low-risk inmates from

high-security facilities, partly aimed at addressing overcrowding.

97. With regard to HIV/AIDS awareness and stigma elimination, the delegation

mentioned the national workplace policy, a non-discriminatory policy that made it easier

for people living with HIV/AIDS to work comfortably without discrimination. It also

mentioned a new occupational health and safety bill that was expected to be brought to

Parliament this year.

98. Regarding the use of force, the delegation asserted that the role of the independent

commission of investigations as an investigatory body had expanded to include

prosecutorial powers and that, since then, it had been able to initiate its own prosecutions.

99. The delegation of Jamaica also said that major players from the non-governmental

organization community had been appointed to the steering committee that had been

established for the universal periodic review. It said that their attendance had been good

initially but had fallen off recently and that invitations had consistently been extended to

them to attend, although they had not always chosen to do so.

100. The Niger welcomed the adoption by Jamaica of the national development plan,

Vision 2030. It noted the national public policy for gender equality, the national action plan

for the elimination of gender-based violence and the Charter of Fundamental Rights and

Freedoms.

101. Nigeria welcomed the national development plan of Jamaica, Vision 2030, the

comprehensive social-protection strategy, the ratification of core international human rights

instruments, the addressing of recommendations made by the Special Rapporteur on torture

and other cruel, inhuman or degrading treatment or punishment and efforts made towards

the establishment of a national human rights institution.

102. Norway noted the ratification by Jamaica of a majority of international human rights

instruments. It noted with concern that Jamaica had not extended a standing invitation to

the special procedures of the United Nations. It was also concerned about the

criminalization of same-sex activities and discrimination against people living with HIV.

103. Panama commended measures taken regarding discrimination against women and

protecting children, including the ratification of the Optional Protocol to the Convention on

the Rights of the Child on the sale of children, child prostitution and child pornography. It

urged Jamaica to further protect the rights of women, children and vulnerable groups.

Panama praised the national development plan, Vision 2030, and consideration of ratifying

the Convention on the Rights of Persons with Disabilities.

104. Paraguay commended progress in development, gender violence, disabilities and

children, and the de facto moratorium on executions. It acknowledged the efforts made to

implement human rights recommendations but also the challenges to comply with treaty

bodies’ reporting. It urged Jamaica to ratify the Convention against Torture and the

International Convention for the Protection of All Persons from Enforced Disappearance.

105. The Philippines, while acknowledging the adverse impact of climate change on

Jamaica, commended Jamaica on the human rights approach of its policies on the matter. It

acknowledged improvements in human trafficking laws. It noted the lack of a national

human rights institution.

106. Portugal welcomed the ratification of the Optional Protocol to the Convention on the

Rights of the Child on the sale of children, child prostitution and child pornography, and the

adoption of the Charter of Fundamental Rights and Freedoms.

107. Rwanda commended Jamaica on its efforts on gender equality and women

empowerment, mainly in the public decision-making sphere. It applauded measures to

address female underrepresentation in Parliament.

108. Senegal noted the national development plan, Vision 2030, the programme targeting

persons with disabilities, the measures to protect women from discrimination, and the

government campaign against corporal punishment in schools.

109. Sierra Leone appreciated the national development plan, Vision 2030, the social

protection strategy, the percentage of women in managerial positions and the policies on

climate change and on disability. It urged Jamaica to eradicate violence against women and

children and to protect human rights defenders.

110. Singapore noted measures to enhance gender equality and the empowerment of

women, and to reform the judicial sector. It acknowledged the country’s development

constraints, and commended Jamaica on its national development plan, Vision 2030, and its

social protection strategy.

111. Slovenia welcomed the national policy on gender equality and plans addressing

gender inequality in political participation. It was concerned about the widespread gender-

based violence and the high rate of crime and violence, including killings of children; and

discrimination and violence against lesbian, gay, bisexual, transsexual and intersex

persons.

112. South Africa welcomed the national development plan, including improvements in

the education system, environmental sustainability and hunger eradication. It noted strides

in enhancing gender equality and women empowerment.

113. Spain welcomed the human rights unit within the Ministry of Justice, the Law on

Disabilities, and ratification of the Optional Protocol to the Convention on the Rights of the

Child on the sale of children, child prostitution and child pornography. It was concerned

about violence against children and girls; detention conditions, particularly of juveniles;

abuses by police officers; and attacks against lesbian, gay, bisexual, transsexual and

intersex persons.

114. Sri Lanka welcomed the national development plan, Vision 2030, and noted the

adverse impact of climate change in Jamaica. It commended measures concerning health

care, education, social assistance and children’s rights. It noted the commitment of Jamaica

to combat gender-based violence.

115. The delegation of Jamaica said that it was seeking to renew its emphasis on primary

health care to reduce the burden on the secondary health-care system. Four centres of

excellence had been established to provide diagnostic prevention and treatment services.

The question of how to finance health care was a major issue. Jamaica was revising the safe

motherhood programme and considering the approval of a national strategic plan for non-

communicable diseases and a national development plan for sexual and reproductive health.

116. On the issue of climate change, Jamaica continued to advocate for action to keep

global warming at or below 1.5 degrees Celsius above pre-industrial levels. It said that at

the bilateral level, developed countries should take the lead in addressing climate change by

raising their 2020 commitments, including by ratifying the Kyoto Protocol to the United

Nations Framework Convention on Climate Change. In terms of national efforts, Jamaica

recognized the adverse impact of climate change on vulnerable small island States and that

in 2012 it had established a ministry dedicated to climate change and a climate change

policy framework action plan had been brought forward for discussion in Parliament in

2014.

117. In concluding, the delegation of Jamaica expressed appreciation for the constructive

and frank nature of the recommendations, some of which were innovative. Jamaica was

actively pursuing the establishment of a national human rights institution, which was a

priority, based on the Paris Principles. It stated that Jamaica was making strides in the area

of justice reform, especially regarding the criminal justice system. It also noted progress

made in the many areas of human rights and said that it would not spare any effort, despite

the challenging financial situation as a small island and developing State, to improve the

level of human rights and the enjoyment of rights by all its citizens.

II. Conclusions and recommendations

118. The recommendations formulated during the interactive dialogue listed below

have been examined by Jamaica and enjoy the support of Jamaica:

118.1 Continue the momentum to reduce incidences of HIV/AIDS by public

education and campaigns (Trinidad and Tobago);

118.2 Redouble its efforts to establish the national human rights institution,

in line with the Paris Principles (Indonesia);

118.3 Early establishment and early operationalization of the national

human rights institution (Mauritius);

118.4 Strengthen its institutional framework to ensure harmonization of its

national legislation with its international obligations in the area of human

rights, and undertake the process of establishing a national human rights

institution in accordance with the Paris Principles (Niger);

118.5 Hasten the establishment of a national human rights institution in

line with the Paris Principles (Nigeria);

118.6 Step up its efforts to establish a national human rights institution that

is compliant to the Paris Principles (Philippines);

118.7 Intensify its efforts to establish a national human rights institution

(Rwanda);

118.8 Manifest, as soon as possible, the commitment of the Jamaican

Government to establish a national human rights institution, in line with the

Paris Principles (Senegal);

118.9 Continue its efforts to implement all measures related to the

protection of rights of women, children and disabled persons (Democratic

Republic of the Congo);

118.10 Continue efforts that promote and protect the rights of women, with

emphasis on the incorporation of a gender perspective in law and in public

policies, and pursuing measures to combat violence against women (Colombia);

118.11 Invest the necessary resources to ensure the effective socialisation and

implementation of its national policy on gender equality and the national

** The conclusions and recommendations have not been edited.

strategic plan of action to eliminate gender-based violence when finalized

(Singapore);

118.12 Continue its efforts to combat various types of violence against

women, including domestic violence and sexual harassment (Togo);

118.13 Ensure the finalization and implementation of the national plan of

action to eliminate gender violence (Uruguay);

118.14 Strengthen its efforts to eliminate discrimination of and violence

against women and girls including through implementation of laws, policies

and programmes to this effect (Germany);

118.15 Allocate sufficient resources to national institutions responsible for

implementing the national strategic plan to eliminate gender-based violence

(Paraguay);

118.16 Strengthen efforts on the implementation of the Child Care and

Protection Act (South Africa);

118.17 Further strengthen efforts to prevent sexual exploitation of children

(Sri Lanka);

118.18 Strengthen measures to combat poverty, in particular poverty of

women and children (Algeria);

118.19 By implementing its national poverty policy and programme,

redouble efforts to reduce poverty and improve the lives of vulnerable groups

of the population (China);

118.20 Spare no effort to promote the holistic development of its children

and youths, in particular those from the most vulnerable families to enhance

social mobility and to break the vicious intergenerational cycle of poverty

(Singapore);

118.21 Continue measures to increase access to health services for all, and

enhance quality while giving special attention to the groups in vulnerable

situations (Sri Lanka);

118.22 Continue its advocacy for keeping global warming at or below

1.5 degrees Celsius above the pre-industrial level (Philippines);

118.23 Seek assistance from the international community to more

comprehensively address adaptation measures to address the effects of climate

change (Sierra Leone).

119. The following enjoy the support of Jamaica which considers that they are

already implemented or in the process of implementation:

119.1 Ratify the Rome Statute of the International Criminal Court (Timor-

Leste);

119.2 Ratify the Rome Statute of the International Criminal Court

(Cyprus);

119.3 Accede to the Rome Statute of the International Criminal Court

(Denmark);

119.4 Pursue initiatives on human rights education, particularly through

access to information and promotion of existing protection and redress

mechanisms (Ecuador);

119.5 Developing programmes aimed at promoting the awareness of police

on human rights values and principles (Egypt);

119.6 Strengthen the training of the security forces so that they respect

human rights in their interventions (Senegal);

119.7 Establish a national human rights institution in conformity with the

Paris Principles (Costa Rica);

119.8 Establish an independent national human rights institution in

accordance with the Paris Principles (Democratic Republic of the Congo);

119.9 Establish a national human rights institution in accordance with the

Paris Principles (Honduras);

119.10 Work towards early establishment of a national human rights

institution (India);

119.11 Establish a national human rights institution which is in full

compliance with the Paris Principles (Ireland);

119.12 Consider establishing a national human rights institution, in line with

the Paris Principles (Panama);

119.13 Establish a national human rights institution in full compliance with

the Paris Principles (Portugal);

119.14 Strengthen measures to foster training and awareness of public

officials, particularly police and justice officials, on relevant human rights

issues (Colombia);

119.15 Study the possibility of creating an online system to follow up on

international recommendations, which would include the accepted

recommendations of the universal periodic review (Paraguay);

119.16 Prepare and regularly submit periodic reports concerning

international conventions, to which Jamaica is a party (Senegal);

119.17 Strengthen activities aimed at combating discrimination on any

grounds and in all spheres of life (Colombia);

119.18 Take additional measures to address and eliminate negative

stereotypes and adverse traditional beliefs and practices that discriminate

against women (Thailand);

119.19 Assign sufficient resources for the implementation of the national

gender equality policy, and review judicial procedures to ensure women and

girls victims of domestic violence can have access to justice, by providing

training to police and judicial staff in order for them to be treated with dignity

(Chile);

119.20 Take effective measures to investigate and prosecute all incidents and

acts of violence targeting individuals based on sexual orientation (Canada);

119.21 Step up its efforts to protect all citizens from violence and

discrimination, including lesbian, gay, bisexual and transgender persons

(Netherlands);

119.22 Ensure that the use of force is based on the principles of legality,

necessity and proportionality (Thailand);

119.23 Take measures to ensure that abuses of force committed by security

state agents, including summary executions, are promptly processed (Mexico);

119.24 Continue efforts in reducing crime and violence including through

social interventions, community programmes and more effective policing

(South Africa);

119.25 Intensify efforts to investigate allegations of excessive or unlawful use

of force by police and the military, and to prosecute such cases as appropriate

(United States of America);

119.26 Strengthen legislative measures and policies to improve prisons

conditions (Angola);

119.27 Adopt adequate legislation to ensure that children in conflict with the

law have access to justice and social reintegration, using the deprivation of

liberty as a last resort (Chile);

119.28 Make additional efforts to improve the conditions of its prisons and

detention centres toward elimination of overcrowding, improved sanitary

conditions, and a strengthened system for medical care (Japan);

119.29 Improve prison conditions and detention facilities (Nigeria);

119.30 Conduct relevant actions to prevent that minors are referred to

detention centers for adults (Spain);

119.31 Adopt and resource the national strategic plan of action to eliminate

gender-based violence (Turkey);

119.32 Enhance all efforts to combat discrimination and violence against

women, in particular by quickly adopting and effectively implementing the

national strategic action plan to eliminate gender-based violence (Italy);

119.33 Continue its positive approach in enhancing gender equality and

combating gender-based violence including through the finalization, adoption

and implementation of its national strategic plan of action to eliminate gender-

based violence (Malaysia);

119.34 Investigate allegations of ill-treatment of children living in centres

and homes, and as appropriate, take all necessary corrective measures (Cabo

Verde);

119.35 Take measures to prevent children from being economically exploited

by adopting legislation and policies to address child labour in both the formal

and informal sectors (Egypt);

119.36 Strengthen measures to promote and protect the rights of the child,

including measures against sexual and labour exploitation (Japan);

119.37 Take all necessary measures to protect women and children from

violence, particularly sexual abuse and exploitation, including through the

adoption of awareness-raising programmes, as well as by means of sexual

education policies (Brazil);

119.38 Prepare a holistic childhood plan with a particular attention to the

problem of child labour (Nicaragua);

119.39 Adopt and implement a comprehensive strategy to prevent violence

against children (Slovenia);

119.40 Conduct more effective campaigns, as well as necessary legal reforms,

to eradicate aggressions against minors (Spain);

119.41 Intensify efforts to identify victims of trafficking, to ensure that all

perpetrators of trafficking in persons are investigated and prosecuted and to

provide adequate protection and rehabilitation for the victims (Timor-Leste);

119.42 Ensure that all perpetrators of trafficking in persons are investigated

and prosecuted; and provide adequate protection, reparation and

compensation and rehabilitation to the victims (Egypt);

119.43 Continue to provide adequate resources to its anti-trafficking

programs (Philippines);

119.44 Immediate elimination of the practice of incarcerating juvenile

offenders alongside adults (United Kingdom of Great Britain and Northern

Ireland);

119.45 Amend regulations related to arrest and detention by the Jamaica

Constabulary Force, so that they clearly define the rights of detainees,

strengthen judicial oversight of arrests, and provide specific remedies for

breach of duty (Canada);

119.46 Give INDECOM the power it needs to investigate criminal acts

committed by the Police (Australia);

119.47 Adequately resource the Justice Reform Implementation Unit so that

it can effectively support the timely delivery of all justice sector reform

initiatives and the implementation of Jamaica’s Justice Reform Agenda

(Singapore);

119.48 Continue efforts to promote women’s participation in public decision

taking (Honduras);

119.49 Continue to address the root causes of unemployment, especially

among young people, by adopting the necessary long-term policies and

strategies (Trinidad and Tobago);

119.50 Continue strengthening its sound social plans and programs in favour

of its people — with a particular emphasis in the areas of education, food and

health — for which it is very important to have the support of the community

of nations, through the cooperation that the country might require (Bolivarian

Republic of Venezuela);

119.51 Augment their efforts to reduce poverty and to provide enhanced

access of safe potable water particularly in rural communities (Trinidad and

Tobago);

119.52 Advance the development of a national poverty policy and strengthen

efforts in implementation of the country’s Social Protection Strategy (South

Africa);

119.53 Adopt a comprehensive national housing strategy with a view to

ensuring access to adequate and affordable housing (Egypt);

119.54 Strengthen awareness-raising campaigns about the forms of

contracting HIV/AIDS and respective preventive measures, particularly

focusing on marginalized young persons, drug users, sexual workers of both sex

and other groups which are vulnerable to being infected (Mexico);

119.55 Maintain actions aimed at improving the public health system of the

country, including in the area of HIV/AIDS (Cuba);

119.56 Strengthen the implementation of the national programme to combat

HIV and sexually transmitted diseases and ensure that discrimination against

persons with HIV be prohibited (Morocco);

119.57 Continue to commit more resources to primary health care (Nigeria);

119.58 Continue to invest more in education, improve coverage and quality

of education and in particular ensure the right to education for children from

poor families, girls, children with disabilities, and others belonging to

vulnerable group (China);

119.59 Establish stronger measures to increase access to education

particularly to those living in rural areas (Maldives);

119.60 Continue to fully implement the Disabilities Act 2014 (Cuba);

119.61 Take adequate measures towards providing legislative protection to

its disabled community (India);

119.62 Strengthen efforts to combat discrimination against persons with

disabilities and take specific measures to increase employment opportunities

for them (Maldives).

120. The following recommendations will be examined by Jamaica, which will

provide responses in due time, but no later than the thirtieth session of the Human

Rights Council, in September 2015:

120.1 Ratify the Convention against Torture (Timor-Leste);

120.2 Sign and ratify the Convention against Torture (France);

120.3 Ratify the Convention against Torture (Algeria);

120.4 Expand the support to international human rights instruments by

adhering to the Convention against Torture and the International Convention

for the Protection of All Persons from Enforced Disappearance (Cabo Verde);

120.5 Sign and ratify the Convention against Torture (Canada);

120.6 Ratify the Convention against Torture and prohibit corporal

punishment and other cruel treatment of girls and boys (Chile);

120.7 Consider the option of ratifying the Convention against Torture and

the International Convention for the Protection of All Persons from Enforced

Disappearance (Democratic Republic of the Congo);

120.8 Intensify efforts to ratify the Convention against (Denmark);

120.9 Consider the ratification of the Convention against Torture

(Ecuador);

120.10 Continue its efforts in strengthening its national legal frameworks

including by taking concrete steps towards the accession of the Convention

against Torture (Indonesia);

120.11 Ratify the Convention against Torture and the International

Convention for the Protection of All Persons from Enforced disappearance

(Sierra Leone);

120.12 Ratify the Convention against Torture (Spain);

120.13 Consider signing and ratifying the International Convention for the

Protection of All Persons from Enforced Disappearance (Argentina);

120.14 Consider the ratification of the Optional Protocol to the Convention

on the Rights of Persons with Disabilities (Angola);

120.15 Ratify the Optional Protocol to the Convention on the Rights of

Persons with Disabilities (Honduras);

120.16 Ratify the Rome Statute of the International Criminal Court and

accede to the Agreement on the Privileges and Immunities of the International

Criminal Court (Botswana);

120.17 Ratify the Rome Statute of the International Criminal Court and

accede to the Agreement on the Privileges and Immunities of the International

Criminal Court (Estonia);

120.18 Accede to and fully align its national legislation with the Rome

Statute of the International Criminal Court (ICC), including by incorporating

provisions to cooperate promptly and fully with the ICC and to investigate and

prosecute genocide, crimes against humanity and war crimes effectively before

its national courts, and accede to the Agreement on the Privileges and

Immunities of the International Criminal Court (Netherlands);

120.19 Ratify the International Labour Organization Convention 169

concerning Indigenous and Tribal Peoples in Independent Countries

(Guatemala);

120.20 Take measures with a view to ending discrimination against women

and children; eliminate negative stereotypes as well as combating torture and

ill treatment by the law enforcement agencies (Nigeria);

120.21 Actively protect gender equality and women’s rights and ensure inter

alia that women and girls have effective access to justice, including through the

provision of legal aid (Estonia);

120.22 Adopt concrete measures to implement the national strategic plan to

eliminate gender-based violence, as announced in 2013, and envisage softening

legislation towards decriminalisation of abortion, especially in cases of rape

(France);

120.23 Amend section 5 of the Sexual Offences Act 2009 in order to ensure

that sexual intercourse by a husband with his wife without her consent is a

criminal offence in all circumstances (Ireland);

120.24 Adopt concrete measures to remove children from the streets and

preventing their use in prostitution, pornography and other illegal acts (Chile);

120.25 Amend the Law on Foreigners to include an explicit limit to

administrative detention (Mexico);

120.26 Further strengthen the Independent Commission of Investigations

(INDECOM) in line with international standards by amending the Coroner’s

Act to include INDECOM as an interested party to an inquiry into a death, and

reforming INDECOM Act to settle challenges from the police to INDECOM’s

jurisdiction and mandate (Canada).

121. The recommendations below did not enjoy the support of Jamaica and would

thus be noted:

121.1 Consider ratifying human rights instruments to which it is not yet a

State Party (Nicaragua);

121.2 Consider ratifying core international human rights treaties and their

optional protocols, which have not yet been ratified (Panama);

121.3 Consider taking all necessary steps to introduce a de jure

moratorium on capital executions with a view to fully abolish the death penalty,

and to ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights (Italy);

121.4 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights on the abolition of the death penalty (Turkey);

121.5 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights (Chile);

121.6 Ratify without reservations the Second Optional Protocol to the

International Covenant on Civil and Political Rights (Cyprus);

121.7 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Montenegro);

121.8 Consider accession to the Second Optional Protocol to the

International Covenant on Civil and Political Rights with the aim of abolishing

the death penalty and introducing an official moratorium on executions

(Namibia);

121.9 Sign the Second Optional Protocol to the International Covenant on

Civil and Political Rights and establish a moratorium on executions with a view

to abolishing the death penalty (Portugal);

121.10 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Rwanda);

121.11 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Costa Rica);

121.12 Sign and ratify the Optional Protocol to the International Covenant

on Economic, Social and Cultural Rights, as well as the Convention against

Torture (Portugal);

121.13 Consider ratifying the Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination Against Women (Uruguay);

121.14 Ratify the Optional Protocol to the Convention on the Elimination of

All Forms of Discrimination Against Women (Slovenia);

121.15 Ratify the Optional Protocol to the Convention on the Elimination of

All Forms of Discrimination against Women (Australia);

121.16 Consider ratifying the Convention against Torture and its Optional

Protocol, and the International Convention for the Protection of All Persons

from Enforced Disappearance (Uruguay);

121.17 Ratify the Convention against Torture and its Optional Protocol

(Guatemala);

121.18 Consider ratifying the Convention against Torture and the Second

Optional Protocol to the International Covenant on Civil and Political Rights

(Paraguay);

121.19 Consider ratifying International Labour Organization Convention

189 concerning decent work for domestic workers (Philippines);

121.20 Implement measures to recognize and protect human rights

defenders, including those defending the rights of the lesbian, gay, bisexual,

transsexual and intersex population (Germany);

121.21 Extend a standing Invitation to the Special Procedures in order to

improve its cooperation with the international community in the field of human

rights (Turkey);

121.22 Extend a standing invitation to the United Nations Special

Procedures (Guatemala);

121.23 Improve its cooperation with the United Nations treaty and charter-

based bodies by extending an open invitation to Special Procedures, to accept

those requests already pending, and to continue to submit its future reports to

the treaty bodies on time (Norway);

121.24 Adopt a general legal framework against discrimination, defining this

crime comprehensively, including direct and indirect forms of discrimination,

contemplating all spheres of public and private law, and criminalising acts

committed by public and private agents (Mexico);

121.25 Take the necessary steps to eliminate discrimination against women

in all spheres of society, including making legislative amendments (Namibia);

121.26 Continue efforts to combat discrimination against women through

appropriate legal provisions (Nicaragua);

121.27 Repeal the legal provisions making same-sex intimacy among men-

described as “gross indecency and buggery”-illegal (Sweden);

121.28 Introduction and implementation of fully comprehensive anti-

discrimination legislation to include sexual orientation and gender (United

Kingdom of Great Britain and Northern Ireland);

121.29 Take measures to reduce violence against lesbian, gay, bisexual,

transsexual and intersex persons, with a view to reducing homophobic

prejudices of the Jamaican society and facilitate their access to all services

(Uruguay);

121.30 In line with the Human Rights Committee, decriminalize consensual

same-sex sexual relations between adults and put an end to prejudices and

social stigmatization of homosexuality (Argentina);

121.31 Legally prohibit discrimination on the grounds of sex, sexual

orientation and gender identity and punish acts of violence that affect lesbian,

gay, bisexual, transsexual and intersex persons (Chile);

121.32 Decriminalize consensual same-sex sexual conduct between adults

(United States of America);

121.33 Decriminalize sexual relations between consenting adults of the same

sex and put an end to prejudices and social stigmatization of homosexuality

(Germany);

121.34 Strengthen the legal framework to combat discrimination on the

basis of sexual orientation (Italy);

121.35 Prohibit discrimination on the basis of sex, sexual orientation and

gender identity. Such measures would be of great importance to the fight

against homophobia as well as for the progress in combating HIV/AIDS in the

country (Brazil);

121.36 Amend its laws with a view to prohibiting discrimination on the basis

of sex, sexual orientation and gender identity (Montenegro);

121.37 Amend the Charter of Fundamental Rights and Freedoms to include

sexual orientation and gender identity and expression as a protected category

(Norway);

121.38 Decriminalize sexual activity between consenting adults of the same

sex, and address hate crimes on the grounds of sexual orientation and gender

identity, as matter of urgency, as previously recommended (Slovenia);

121.39 Repeal laws that criminalize sexual activity between consenting

adults of the same sex (Slovenia);

121.40 Take measures to eliminate the discrimination and stigmatization

against lesbian, gay, bisexual, transsexual and intersex persons (Slovenia);

121.41 Adopt effective measures to eradicate violence against the lesbian,

gay, bisexual, transsexual and intersex group, as well as the inclusion within the

Charter of Rights adopted in 2011 of a provision for no discrimination on

grounds of sexual orientation (Spain);

121.42 Continue its efforts to abolish the death penalty (Togo);

121.43 Observe an official moratorium on executions in order to envisage,

ultimately, the final abolition of capital punishment (France);

121.44 Establish a de jure moratorium with a view to the definitive abolition

of the death penalty (Uruguay);

121.45 Establish a moratorium with a view to abolishing the death penalty

(Argentina);

121.46 Adopt a formal moratorium on the death penalty, and ratify the

Second Optional Protocol to the International Covenant on Civil and Political

Rights (Australia);

121.47 Enact and implement laws and policies that recognize and protect

human rights defenders, and ensure prompt, thorough and impartial

investigations of all violations against them (Botswana);

121.48 Establish an official moratorium on executions with a view to

abolishing the death penalty (Estonia);

121.49 Establish a moratorium with a view to abolishing the death penalty

(Panama);

121.50 Establish a moratorium with a view to abolishing the death penalty

(Sierra Leone);

121.51 Declare a de jure moratorium on the death penalty with a view to

abolishing capital punishment, and consider ratifying the Second Optional

Protocol to the International Covenant on Civil and Political Rights (Slovenia);

121.52 Ensure that gender-based violence is reported, duly investigated and

prosecuted (Slovenia);

121.53 Ensure the revised Child Care and Protection Act prohibits all

corporal punishment of children, including in the home, and explicitly repeals

the right to administer reasonable and moderate punishment (Sweden);

121.54 Explicitly prohibit corporal punishment in all settings, including the

family, schools and institutions (Estonia);

121.55 Identify and protect children employed in the worst forms of child

labour, and increase assistance to victims of forced labour and sex trafficking

(United States of America);

121.56 Enact anti-discrimination legislation to protect human rights and to

ensure equal treatment of people living with HIV and groups vulnerable to

HIV, consistent with United Nations International Guidelines on HIV/AIDS

and Human Rights (Norway);

121.57 Adhere to the Second Optional Protocol to the International

Covenant on Civil and Political Rights, and declare a moratorium on pending

executions, with a view to abolishing the death penalty (Costa Rica).

122. Concerning recommendations 121.13, 121.14 and 121.15 put forward by

Uruguay, Slovenia and Australia, Jamaica considers that in keeping with standard

practice, the Government is in the process of putting in place the relevant domestic

measures that can give effect to the implementation of the Optional Protocol.

123. Concerning recommendation 121.20 put forward by Germany, Jamaica

considers that there is no basis for stating that human rights defenders are at risk in

Jamaica; that full protection is afforded to them as citizens under the law; and that

they are active, openly engaged in advocacy, and have contributed positively to the

development of the Jamaican human rights architecture.

124. Concerning recommendations 121.25 and 121.26 put forward by Namibia and

Nicaragua, Jamaica considers it has existing, effective anti-discrimination legislation,

which is adequate.

125. Concerning recommendation 121.29 put forward by Uruguay, Jamaica

considers it is not accurate to typify the attitudes of Jamaican society generally as

“homophobic prejudices”.

126. Concerning recommendation 121.30 put forward by Argentina, Jamaica

considers it is committed to taking steps to end prejudice and stigmatization affecting

all Jamaicans, including lesbian, gay, bisexual, transsexual and intersex persons.

127. Concerning recommendation 121.40 put forward by Slovenia, Jamaica

considers it is already taking measures to eliminate stigma and discrimination against

all Jamaicans, including lesbian, gay, bisexual, transsexual and intersex persons.

128. Concerning recommendation 121.47 put forward by Botswana, Jamaica

considers there is no basis to conclude that human rights defenders are at risk.

129. Concerning recommendation 121.52 put forward by Slovenia, Jamaica

considers that no country can guarantee that gender-based violence will be reported

and that, however, Jamaica continues to employ measures to encourage reporting.

130. Concerning recommendation 121.55 put forward by the United States of

America, Jamaica accepts this recommendation in principle, but its interpretation of

“sex trafficking” in this context is human trafficking of minors for the purpose of

sexual exploitation.

131. Concerning recommendation 121.56 put forward by Norway, Jamaica

considers it has measures in place to combat discrimination of persons, including

those living with HIV/AIDS, and that all have equal access to HIV/AIDS medicines.

132. All conclusions and recommendations contained in the present report reflect

the position of the submitting States and the State under review. They should not be

construed as endorsed by the Working Group as a whole.

Annex

[English only]

Composition of the delegation

The delegation of Jamaica was headed by Senator the Honourable Mark Golding,

Minister of Justice, and composed of the following members:

• H.E. Wayne McCook, Ambassador/Permanent Representative of Jamaica to the

Office of the United Nations and its Specialized Agencies at Geneva

• Mr. Elbert Nelson, Assistant Commissioner of Police Jamaica Constabulary Force

• Ms. Joyce Stone, Deputy Commissioner of Corrections Department of Correctional

Services

• Ms. Joan Thomas Edwards, Director International Organisations Department,

Ministry of Foreign Affairs and Foreign Trade

• Ms. Cherryl Gordon, Minister/Deputy Permanent Representative, Permanent

Mission of Jamaica to the Office of the United Nations and its Specialised Agencies

at Geneva

• Ms. Alicia McIntosh, Assistant Attorney-General, Attorney-General’s Chambers

• Ms. Patrice Laird-Grant, Minister-Counsellor, Permanent Mission of Jamaica to the

Office of the United Nations and its Specialised Agencies at Geneva

• Ms. Simara Howell, First Secretary, Permanent Mission of Jamaica to the Office of

the United Nations and its Specialised Agencies at Geneva