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Jamaica - Universal Periodic Review

UPR 36, November 2020
Recommendations by Canada

Recommendations

Thank you, Madame President.

Canada welcomes the positive steps taken by Jamaica since its last review, including the launch of a 10-year National Strategic Action Plan to Eliminate Gender Based Violence in 2018.

Canada recommends that Jamaica:

1. Strengthen efforts to eliminate gender-based violence and gender discrimination, through legislative measures, policies, and educational programmes.
2. Repeal legislation criminalizing consensual same-sex practices between adults and strengthen the legal framework to combat discrimination on the basis of sexual orientation and gender identity.
3. Amend the INDECOM Act based on recommendations made by the Joint Select Committee of Parliament in 2015 to give the Independent Commission on Investigations the mandate and concrete capabilities to arrest, charge and prosecute members of the security forces with unlawful killings and abuses of power.
4. Sign and ratify the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment.

Canada applauds Jamaica’s continued exemplary diligence regarding press freedom, and we urge the Government of Jamaica to expedite the establishment of a National Human Rights Institute with a full mandate and independence.

Background

Jamaica is a democratic country, where credible and competitive elections are held, and orderly rotation of power takes place. Jamaica ranks high on the World Press Freedom Index (6th in 2020) and as such, is part of the countries that most respect access to information.  Jamaica has a robust and vibrant civil society with many active community groups advocating for human rights. NGOs are well represented in the education, health, and environment sectors, and many provide support for the most marginalized groups in society, although they often lack adequate financing and are not regularly consulted by the government.

Since its last UPR, Jamaica has taken positive steps to strengthen its human rights framework, including by addressing gender-based violence (GBV). However, according to Freedom House, violence against women and girls remains a serious issue, despite government efforts to reduce its prevalence. In 2018, Jamaica launched a 10-year National Strategic Action Plan to Eliminate GBV and developed a public education campaign on this issue. Gender discrimination and sexual harassment are also widespread, and members of the LGBTI community face significant discrimination, violence and harassment, which are frequently ignored by the police. Jamaica has no law which prevents discrimination against an individual on the basis of sexual orientation or gender identity. Consensual same-sex sexual practices between adult men are also considered illegal in Jamaica.

According to Amnesty International, unlawful killings and abuse by the police force remain a serious problem in Jamaica. In 2015, a Joint Select Committee of Parliament reviewed the INDECOM Act and recommended, among other things, that INDECOM be given the power to charge and initiate prosecutions of officers over unlawful killings and other abuses of power, but the government has not yet implemented these recommendations.