In Dialogue with Jamaica, Experts of the Human Rights Committee Commend Measures to Combat Corruption, Raise Issues Concerning Fatal Police Shootings and Legislation on Homosexual Relations
The Human Rights Committee today concluded its consideration of the fifth periodic report of Jamaica on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending measures to combat corruption, and raising issues concerning fatal police shootings and legislation prohibiting consensual homosexual relations.
Several Committee Expert expressed solidarity with Jamaica as its people embarked on a process of national reconstruction in the aftermath of Hurricane Melissa, which hit the State in October 2025.
One Expert welcomed the creation by law of the Integrity Commission, which had investigation, prevention and prosecution functions, as well as of the Agency against Corruption and Organised Crime in 2021 and the adoption of the national anti-corruption strategy in 2023.
Another Committee Expert said the number of annual fatal shooting cases by the security forces rose from 86 in 2019 to 189 in 2024 and 311 in 2025. Had the security forces’ use of force and firearm policy been formally assessed? How many officers had been charged in connection with fatal shootings?
An Expert said the State party had received multiple recommendations to repeal sections 76, 77, and 79 of the offences against the person act, which prohibited consensual homosexual relations. Did it plan to do so, or to adopt an official policy of non-enforcement of the act? The mere existence of these laws created social stigma in Jamaican society.
Delroy Chuck, Minister of Justice and Constitutional Affairs and head of the delegation, said in opening remarks that protection of fundamental rights had been part of Jamaica’s Constitution since 1962 and this was strengthened by the Charter of Fundamental Rights and Freedoms in 2011. The Government was now advancing a process of constitutional reform, a valuable opportunity to consider measures that would further enhance protection of fundamental rights and freedoms.
In the ensuing discussion, the delegation said the Jamaica Constabulary Force did not authorise or condone wrongful killings and supported investigations of such allegations. Independent oversight was provided by the Independent Commission of Investigations, which was established in 2010 to investigate actions by members of the security forces.
Regarding the offences against the person act, the delegation said it was not currently under review by the Government, but the State would continue to engage with the Committee in this regard. The Government did not condone discrimination or violence against any individual on any grounds.
In concluding remarks, Grace Ann Stewart McFarlane, Permanent Secretary, Ministry of Justice and Constitutional Affairs, and alternate head of delegation, said Jamaica valued the Committee’s constructive engagement and reaffirmed its commitment to the continued promotion and protection of human rights.
Changrok Soh, Committee Chairperson, in his concluding remarks, thanked the State party for its engagement in the constructive dialogue, which had highlighted significant concerns that called for further efforts by the State party. These included the sharp increase in fatal shootings by security forces and the low number of prosecutions and convictions, the situation surrounding the states of emergency declared between 2018 and 2023, and the absence of a national human rights institution in line with the Paris Principles.
Across these issues, he said, what mattered was how legislative and institutional measures translated into effective protection in practice. This required concrete results in preventing violations, ensuring independent investigations and accountability, and providing remedies for those affected.
The delegation of Jamaica was made up of representatives of Ministry of Justice and Constitutional Affairs; Attorney General's Chambers; Ministry of National Security and Peace; Ministry of Foreign Affairs and Foreign Trade; and the Permanent Mission of Jamaica to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-sixth session is being held from 19 October to 6 November 2026. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will meet in public at 3 p.m., Thursday 5 November to hear the progress reports of its special rapporteurs on concluding observations and on Views.
Report
The Committee has before it the fifth periodic report of Jamaica (CCPR/C/JAM/5).
Presentation of the Report
DELROY CHUCK, Minister of Justice and Constitutional Affairs and head of the delegation, said the dialogue provided an important opportunity for Jamaica to reflect on the progress it had achieved.
On 28 October 2025, Hurricane Melissa made landfall on the southwestern part of Jamaica as a Category Five storm with sustained winds of 295 kilometres per hour. It was the first Category Five hurricane to make a direct strike on Jamaica in recorded history; in a matter of hours, it inflicted damage and losses estimated at 56.7 per cent of gross domestic product. There were 45 hurricane-related deaths and extensive damage with nearly 200,000 buildings damaged or destroyed.
The Government formally declared the entire island a disaster area on 29 October 2025, facilitating an all-of-government response and the mobilisation of emergency resources. Damage and household assessments were undertaken to guide the distribution of humanitarian and social-protection assistance, while support continued to be provided to emergency shelters and affected communities. As the response moved from immediate relief to recovery and reconstruction, measures were introduced to support the repair and replacement of damaged homes, restore essential infrastructure and services, and assist affected households and livelihoods. The National Reconstruction and Resilience Authority was also established to accelerate Jamaica’s post-disaster rebuilding. Recovery and reconstruction were ongoing and required sustained national effort and international cooperation.
Protection of fundamental rights had been part of the State’s Constitution since 1962 and this was strengthened by the Charter of Fundamental Rights and Freedoms in 2011. The Government was now advancing a process of constitutional reform, which included the transition towards a republican form of government. As part of this process, the second phase of constitutional reform would contemplate a review of the Charter, which provided a valuable opportunity to consider measures that would further enhance its protection of fundamental rights and freedoms.
Jamaica continued to confront the serious challenge of violent crime, whilst pursuing measures to strengthen public safety and ensure that the State’s response remained firmly grounded in law, accountability and respect for fundamental rights. Jamaica recorded 1,406 murders in 2023. This was followed by a significant reduction in 2024, when 1,147 murders were recorded. The downward trend continued in 2025, with 673 murders recorded — the lowest annual figure in more than two decades. In 2026, the Global Peace Index ranked Jamaica the most peaceful country in the Caribbean.
However, gang-related violence, which was fuelled by organized crime, remained a significant contributor to Jamaica's homicide problem, with more than 70 per cent of murders reported as being directly related to gangs. Jamaica's response was grounded in a comprehensive legislative and institutional framework, including the criminal justice act of 2014, as amended in 2021; the firearms act of 2022; the bail act of 2023; and the zones of special operations act of 2017. The State party called for stronger cooperation in firearms tracking and interdiction, intelligence and information sharing, financial instigators and law enforcement capacity building. It also urged major arms exporters to strengthen export controls and post-delivery verification.
The Government continued to advance measures aimed at preventing and addressing corruption, while promoting ethical standards in public life. These included the 2017 integrity commission act and the national anti-corruption strategy in 2023, which provided a coordinated framework to strengthen integrity systems and support the prevention and detection of corruption across the public sector. In addition, the establishment of the Major Organised Crime and Anti-Corruption Agency as an independent agency in 2021 further strengthened Jamaica’s capacity to investigate and address serious, organised crime and corruption.
Jamaica had continued to make progress in promoting the participation of women in public life and decision-making. Women currently held a significant proportion of seats in both Houses of Parliament and occupied leadership positions across the public sector. The State party had put in place measures to address violence against women and girls including through the 2023 sexual harassment protection and prevention act, and the 2023 domestic violence amendment act. Jamaica had also taken steps to strengthen the protection and inclusion of persons with disabilities through the 2022 disabilities act.
Jamaica also remained committed to ensuring that children were treated with dignity, protected from violence, abuse and exploitation, and afforded appropriate safeguards within the justice and child-protection systems. Among the measures adopted in this regard were the 2023 child care and protection amendment act; the 2018 child diversion act and the national child diversion programme; and the child justice guidelines and related training for justice sector stakeholders.
As for trafficking in persons, between 2017 and 2023, Jamaica initiated 321 trafficking investigations, prosecuted 40 individuals, identified 66 victims and secured nine convictions. The legislative framework was further strengthened through amendments to the trafficking in persons act in 2021, and the Office of the National Rapporteur on Trafficking in Persons continued to provide independent oversight and reporting on Jamaica’s response.
Jamaica recognised that the work of advancing and protecting human rights was continuous. As a small island developing State, Jamaica faced genuine resource constraints, vulnerabilities to exogenous shocks and serious security challenges. These realities did not diminish the State’s commitment to the rights guaranteed under the Covenant. Collaboration with international partners was also essential for the advancement of human rights in Jamaica, and the State looked forward to the Committee’s continued support in this regard.
GRACE ANN STEWART MCFARLANE, Permanent Secretary, Ministry of Justice and Constitutional Affairs, and alternate head of delegation, expressed sincere appreciation for the opportunity to engage in an open and constructive dialogue with the Committee, as the State continued to strengthen its policies, advance the promotion and protection of human rights and ensure the effective enjoyment of civil and political rights by all persons in Jamaica.
Questions by Committee Experts
A Committee Expert expressed solidarity with Jamaica as its people embarked on a process of national reconstruction in the aftermath of Hurricane Melissa, which hit the State in October 2025. The reconstruction process needed to be focused on the fulfilment of fundamental human rights.
Despite some important progress at the policy level, effective and sustainable realisation of rights remained elusive in Jamaica. Jamaica faced a range of human rights challenges, not least of which were longstanding shortcomings in fulfilling the obligations imposed by the Covenant. The present review provided the opportunity to craft a pathway to full adherence to the Covenant’s provisions.
What specific measures had the State taken to give full effect to the provisions of the Covenant in domestic law? What rights still did not have equivalent legislative protection and what procedure was used to verify the compatibility of existing laws and draft laws with the Covenant? Did the State intend to amend the Bill of Rights to expressly define and prohibit direct and indirect discrimination, in the public and private spheres, and to incorporate a clear definition of racial discrimination? What progress had been made in establishing a permanent governmental mechanism to coordinate interaction with human rights mechanisms and follow up on their recommendations together with civil society? What measures had been taken to train legal professionals in the Covenant and what examples existed of national courts applying its provisions? Why was the State not considering a new accession to the First Optional Protocol to the Covenant, which the State revoked in 1998? Had Jamaica considered ratifying the Second Optional Protocol aimed at the abolition of the death penalty?
What concrete measures were envisaged for the establishment of an independent national human rights institution in accordance with the Paris Principles? How did the Office of the Public Defender and the Children's Advocate make up for the absence of a general national institution? What percentage of recommendations made by these entities were implemented by the authorities? What consultations had been held with various stakeholders and civil society actors regarding such an institution? Was there a timetable for the establishment of the national institution?
The Committee recognised the importance of the creation by law of the Integrity Commission, which had investigation, prevention and prosecution functions, as well as of the Agency against Corruption and Organised Crime in 2021 and the adoption of the national anti-corruption strategy in 2023. Did the State intend to give constitutional ranking to the Integrity Commission? During the period 2020-2026, how many administrative cases were initiated based on complaints of corruption of high-level political officials and how many were passed on to the anti-corruption prosecutor? What investigations were initiated against the Prime Minister in relation to construction contracts in the period 2006-2009; as well as against one senator and five members of Parliament?
What legal and administrative measures for the protection of whistleblowers had been established and what sanctions were available for those who threatened or obstructed investigations? Was monitoring of contributions to political campaigns established through 2016 legislation considered effective? Had reports on contributions to political campaigns been made public? Were there any plans to modernise or amend the State secrets act?
Another Committee Expert asked whether amendments to the Charter of Fundamental Rights and Freedoms would explicitly prohibit discrimination on all grounds protected by the Covenant. Would the State party adopt comprehensive anti-discrimination legislation? What remedies for discrimination were available in practice?
The State party had received multiple recommendations to repeal sections 76, 77, and 79 of the offences against the person act, which were against consensual homosexual relations. Did it plan to do so, or to adopt an official policy of non-enforcement of the act? Although not actively enforced, the mere existence of these laws inhibited gay men and lesbians from exercising their rights and created social stigma in Jamaican society.
The Committee welcomed the creation of the Jamaica Council for Persons with Disabilities and the Disabilities Rights Tribunal in 2022. It was concerned, however, about the low number of complaints heard by the Council and the Tribunal. How did the State party promote awareness among persons with disabilities and their advocates about the Council and the Tribunal? The Committee commended the State party for the adoption of the disability act in 2022, but it was concerned that access to essential services remained limited, especially in rural areas. How was the Government fully implementing the act?
Could the delegation provide information on the State’s efforts to address hate crimes, hate speech, and other acts of discrimination against ethnic and ethnoreligious communities? What steps had been taken to adopt comprehensive anti-discrimination legislation that included a clear definition of racial discrimination, amend the offences against the person act to include racially motivated violence, and ensure the protection of the rights of ethnic and religious minorities in law and in practice?
In 2024 and 2025, there were 19 reports of human rights violations, including verbal and physical assault, discrimination, harassment and displacement, against lesbian, gay, bisexual and transgender Jamaicans. Of these reports, victims contacted the police in only four instances. Further, a 2023 national survey reported that 83 per cent of lesbian, gay, bisexual and transgender respondents had faced violence due to prejudice and discrimination and 73 per cent expressed fear of being assaulted. What steps had been taken to combat violence against lesbian, gay, bisexual and transgender Jamaicans, including increasing police responses to such attacks and providing appropriate remedies?
One Committee Expert welcomed that the State party financed some 80 per cent of its national HIV programme. What reforms were envisaged to prohibit discrimination based on health status and to sanction the unauthorised disclosure of HIV status? What specific protection was afforded to lesbian, gay, bisexual and transgender persons living with HIV and to women and girls who acquired it through sexual violence, including timely access to post-exposure prophylaxis? Was the 2008 national workplace policy on HIV/AIDS binding for private employers? What resources were allocated to it, and which body monitored compliance? Complaints under the Jamaica HIV Anti-Discrimination System were processed through a civil society organization. How many complaints had been received since 2016, and with what outcomes? What legal basis and powers did the system have to compel redress, including from public bodies? In view of reductions in international funding, what measures had the State party taken to sustain the complaints system with national resources?
The Committee acknowledged the State party's efforts to address violent crime and took note of the significant reduction in murders highlighted by the head of delegation. In May 2025, the Constitutional Court declared the 24 states of emergency proclaimed between 2018 and 2023 to be unconstitutional, and found that certain successive proclamations in 2022 circumvented parliamentary oversight. What was the status of the Government's appeal? Had any new states of emergency been proclaimed since then? On what basis were preventive detentions and warrantless searches conducted during states of emergency authorised? How many persons were detained under the emergency regulations, for how long, and how many were charged or released without charge? How many detention orders did the Emergency Powers Review Tribunal examine, and how many releases did it recommend? Were they followed, given that it could only make recommendations? What redress had been provided for persons affected by measures declared unconstitutional? Did the State party intend to amend the emergency powers act to bring it fully into line with the Covenant?
A Committee Expert said Jamaica had made progress towards advancing equality between women and men, noting that the target of 30 per cent representation of women recommended in the national policy for gender equality had been reached in Parliament and in several public institutions. Did the Government intend to continue its efforts to achieve at least 30 per cent representation of women in other public institutions, including the judiciary, as well as in the private sector? Had it also considered adopting additional measures to move towards parity in political and public decision-making? What measures were being taken to address the continuing underrepresentation of rural women, women with disabilities, and other women facing multiple or intersecting forms of discrimination? Did the State party intend to ensure that national legislation fully incorporated the principle of equal remuneration for men and women for work of equal value? What concrete measures was the Government taking to eliminate gender stereotypes, and how did it assess their impact on achieving substantive equality between women and men?
The Committee commended Jamaica for the amendments to the domestic violence act adopted in 2023, which strengthened the legal framework for the protection of victims of domestic violence. What progress had been made in the comprehensive review of the act initiated in 2024? Did proposed amendments to the legislation seek to close current gaps? What plans did the Government have to amend the sexual offences act, particularly with a view to strengthening the legal framework on marital rape and sexual violence in same-sex relationships?
The Committee noted the establishment of the Sexual Harassment Tribunal and the reported progress in processing complaints. Could information be provided on the outcomes of complaints, including the number resulting in substantive findings and effective remedies? What safeguards ensured the Tribunal’s independence and protection of complainants against retaliation? Would the State undertake awareness-raising initiatives to improve public understanding of the Tribunal’s mandate, procedures and available remedies? What measures had been taken to strengthen training and awareness-raising among judicial professionals on preventing and addressing sexual harassment?
No recent amendments had been made to legislation concerning abortion and maternal mortality, despite the Committee’s past recommendations. What were the legal, institutional and practical obstacles to ensuring effective protection of the rights of women and girls facing unwanted pregnancies, particularly those resulting from rape or incest, as well as girls who became pregnant due to sexual abuse?
What measures was the State party taking to reduce maternal mortality and morbidity associated with unsafe abortion, and to provide comprehensive medical, psychological and financial support to women and girls who had been compelled to carry pregnancies to term, despite the risks to their physical and mental health? What impact had the “Live Life before You Give Life” campaign and other sexual and reproductive health education programmes had on adolescents? What measures had been undertaken to provide same sexual and reproductive health education and access to contraception outside urban areas? How could girls under 16 access contraception, emergency contraception, confidential counselling and other reproductive health services?
One Committee Expert said the number of annual fatal shooting cases by the security forces rose from 86 in 2019 to 189 in 2024 and 311 in 2025. “Planned operations” accounted for 12 per cent of these deaths in 2019, 40 per cent in 2024 and 51 per cent by 31 July 2025. An October 2025 report found a 591 per cent rise in deaths in planned operations between 2021 and 2024. Had the security forces’ use of force and firearm policy been formally assessed? How did the State party explain the contrast between the historic fall in murders in 2025 and the record 311 people fatally shot by the security forces, which was more than 60 per cent above the 2024 number?
Body-worn cameras were not activated in some fatal operations. Was use-of-force training mandatory and recurrent, and what proportion of security forces personnel had completed it? Which security policies were updated during the reporting period? The Independent Commission of Investigations had no power to arrest, charge or prosecute members of the security forces. What was the Commission’s current budget and staffing relative to its caseload?
There were 168 cases of violence by State officials before the courts, but the State had not published information on prosecutions, convictions and sentences for unlawful killings. How many complaints and investigations corresponded to these cases? How many officers had been charged in connection with fatal shootings? How many independent investigations into fatal shootings remained pending or inactive, and how long did they take on average? Were officers or units involved in repeated fatal incidents tracked?
Responses by the Delegation
The delegation thanked the Committee members for the solidarity they expressed in relation to Hurricane Melissa.
Jamaica was a dualist State that sought to ensure that legislation and public policies did not have disproportionate impacts on minority groups. The State party held consultation processes that provided interested parties with the opportunity to express their views on legislation before it was enacted. The State ensured that the needs of vulnerable groups were considered. For example, the Jamaica Council for Persons with Disabilities was consulted on policies to ensure accessibility, inclusion and non-discrimination.
Jamaica had established the Interministerial Committee on Human Rights, which was helping the State to meeting its obligations to the human rights treaty bodies. It met with civil society organizations, discussed human rights issues and worked with relevant State authorities to ensure that the Committee’s recommendations were implemented. Authorities were required to provide updates on progress made in this regard.
The State party was conducting consultations related to the establishment of a national human rights institution. Jamaica had several entities that played key roles in the promotion and protection of human rights, including the Children’s Advocate and the Independent Commission of Investigations. These institutions had broad constitutional mandates and functioned independently from the State.
There were no plans to confer constitutional ranking to the Integrity Commission or to update the official secrets act. However, Jamaica had the access to information act 2002, which promoted Government transparency and the public’s right to access official documents.
The protected disclosures act included sanctions for those who hampered or threatened whistle-blowers. Persons who committed these offences were liable to a fine not exceeding two million dollars, or a prison term not exceeding two years.
Jamaica had established a statutory framework for campaign financing, which combined financial support mechanisms with reporting, disclosure and accountability requirements. The Electoral Commission continued to provide training on tracking political donations and spending. There were requirements to publish information on contributions to registered political parties exceeding one million Jamaican dollars.
The Government was in the process of constitutional reform that included the transition towards a republic form of Government. This process involved reflecting on measures to enhance the protection of fundamental rights and freedoms. Specific measures included the disability act of 2014 and the ongoing development of a victim support policy. The Attorney General’s Chambers reviewed all legislation and policies and provided advice on human rights issues. Any person who alleged that their rights and fundamental freedoms were infringed could take their case to the Supreme Court for redress.
The Government did not condone discrimination or violence against any individual on any grounds. The offences against the person act was not currently under review by the Government, but the State would continue to engage with the Committee in this regard.
The security forces continued to promote respect for human rights and equitable treatment through its diversity policy, which had been incorporated into training for officers. The Government recognised the importance of ensuring that all allegations of violence by officers were addressed.
The Ministry of Health and Wellness’s Charter of Patients’ Rights mandated the timely treatment of all patients with dignity and respect, regardless of their circumstances. It used a feedback mechanism to ensure that patients could report grievances at regional and national levels. Pre-exposure and post-exposure prophylaxis medications were available through public health facilities, private providers and public health facilities. Jamaica actively contributed to the Global AIDS Monitoring Report and had reactivated its national AIDS committee to ensure more inclusive multi-sectoral governance of the HIV response.
The sexual offences act and related legislation had undergone parliamentary review, and its reform was among the Government’s priorities for 2026 and 2027. The review process involved stakeholder consultation and careful consideration of the proposed amendments. Jamaica sought to strengthen protections against sexual violence.
Women held key positions within the Government. In 2024, Jamaica appointed its first female President of the Court of Appeal and women held leadership roles in many Government and political institutions. There were four female ministers and 11 female permanent secretaries heading ministries. The Public Defender, Managing Director of the Human Employment and Resource Training Institute, the National Service Training Agency, the Director of Public Prosecutions, the Speaker of the Houses of Parliament, the Director-General of the Statistical Institute and the Chief of Defence Staff were all women.
Jamaica’s employment act of 1975 provided a statutory framework for addressing sex-based discrimination and remuneration. The State party was considering amendments to the act, which also provided for concrete remedies and safeguards for victims. The Ministry of Labour investigated complaints of workplace harassment and assessed whether mediation or court referrals were necessary.
The Jamaica Constabulary Force recognised that protecting life was essential to its mandate and that the exercise of police powers needed to comply with the Constitution and the principles of legality, necessity and proportionality. Its policy framework included the human rights and use of force policy, which guided members in the discharge of their duties. Force needed to always have a lawful basis.
The Jamaica Constabulary Force did not accept the general characterisation of death arising from police operations as extrajudicial killings. The circumstances of each incident needed to be independently examined. This position, however, did not preclude accountability for individual wrongdoings. The Constabulary Force did not authorise or condone wrongful killings and supported investigations of such allegations. Independent oversight was provided by the Independent Commission of Investigations, which was established in 2010 to investigate actions by members of the security forces. Its investigations were separate from internal police processes and the investigations of the public prosecutor.
The Government was expanding the use of body cameras; it had procured 1,000 cameras during the current financial year and would procure an additional 1,000 next year. Deployment was guided by operational needs, officer training and the support system required.
The Independent Commission of Investigations had been provided with the resources necessary to support its operational requirements. Through increased funding, it had acquired additional investigative officers and forensic personnel, a new case management system, new resources and increased office space. In 2025, 22 cases against 28 officers were prosecuted.
The May 2025 Supreme Court decision on the states of emergency was currently under appeal before the Court of Appeals and the delegation could therefore not comment further on those proceedings. The Constitution and the emergency powers act, as well as emergency regulations, ensured that emergency measures were lawful, necessary and proportionate. Detention needed to be based on reasonable grounds, limited to specific circumstances and subject to time limits. Detainees could submit complaints to the Emergency Powers Review Tribunal, which determined whether detentions were justified, or to the courts. The Constitution also prohibited arbitrary detention. Security force commanders were required to file periodic reports on state of emergency operations.
The State party conducted awareness raising activities island-wide in communities, schools, ministries and departments, on preventing sexual harassment. It took a victim-centred approach to combatting trafficking in persons, providing training to border security officers and other officials on detecting cases of trafficking. Training was also provided on child protection for members of the judiciary. The sexual harassment prevention and protection act established a framework for addressing complaints of sexual harassment, including through the sexual harassment tribunal, which provided an avenue for victims to seek remedies.
Follow-Up Questions by Committee Experts
A Committee Expert asked if automatic investigations were conducted when persons died at the hands of the police. Regarding the May 2010 incident in the West Kingston Tivoli Gardens, the 2016 Commission of Enquiry found the manner of execution by some security force members “disproportionate, unjustified and unjustifiable” and credible evidence of at least 15 extrajudicial killings. The Prime Minister apologised on 6 December 2017, but the operation left almost 70 civilians dead, and only 29 people were compensated, and no member of the security forces had been convicted for a 2010 killing. What was the status of investigations and of criminal or disciplinary proceedings? Beyond compensation, what judicial remedies were open to families? Had the recommendation to bar named officers from leading investigations been implemented? Which entity was responsible for dismantling garrison communities, and what concrete measures had been taken in this regard? Had any systemic review of rules of engagement for joint military-police operations taken place?
Another Committee Expert asked about practical barriers to individuals exercising their rights in Jamaican society. Did the State consider that an anti-discrimination law that addressed indirect discrimination would be contrary to the Charter of Fundamental Rights and Freedoms? Would the Government consider an official policy of non-enforcement of the offences against the person act, in respect to consensual same-sex relations between adults?
One Committee Expert welcomed the high number of women in the delegation and the achievements that had been made related to the representation of women in public bodies in Jamaica. Why had the State party not made progress in ratifying the First Optional Protocol to the Covenant? What outcomes had been reached in investigations related to violations of the rights of whistleblowers, particularly for cases involving the Prime Minister and senior officials?
A Committee Expert asked about measures to increase the representation of women at all levels, including at the local level. What measures were in place to encourage equal renumeration for men and women for work of equal value? What was the legal status and obligations of biological fathers of children born as a result of rape or incest?
Another Committee Expert asked whether the State party had provided notification to the United Nations related to derogations under states of emergency. Did the law on emergency measures include compensation for goods seized or other reparation mechanisms for persons detained without charge? Did the State’s workplace policy regarding HIV have legal force? If a private employer discriminated against an employee due to their HIV status, what sanctions would they face?
Responses by the Delegation
The delegation said that the Independent Commission of Investigations act allowed for mediation or alternative dispute resolution options. Mediations were implemented for cases involving non-fatal shootings and assaults. Investigations were automatically commenced for all cases which involved killings at the hands of the police.
The Constitution provided the right to be free from discrimination on the grounds of being male or female, race, origin, social class, colour, religion or political opinion. While Jamaica did not have specific anti-discrimination legislation, it had multiple pieces of legislation that protected additional rights not entrenched in the Constitution.
The Government had not indicated a formal decision to ratify the First Optional Protocol. Any future consideration would be subject to relevant national processes. The Inter-American Commission on Human rights provided a regional mechanism through which individuals could submit petitions on human rights violations.
Jamaica was committed to strengthening its institutional capacity. The delegation would convey the recommendation of training from the Office of the High Commissioner for Human Rights on the establishment of a national human rights institution to the relevant authorities.
The national workplace policy was an important guiding policy for promoting inclusive and equitable workplaces. It was a framework for action by the Government, employers and workers to deal effectively with HIV/AIDS in the workplace. If there was unauthorised disclosure of an employee’s HIV status, it could be a breach of the Data protection act of 2020 and could result in an investigation by the Office of the Information Commissioner and claims for compensation, disciplinary action or other regulatory enforcements. When an employee was dismissed on account of their HIV status, the matter could constitute discrimination and the affected person could seek redress through the HIV unit of the Ministry of Labour and Social Security and other mediation units.
The abortion law in Jamaica remained pending. Women and girls who bore children as a result of rape or incest could use already established social and welfare programmes for mothers, which included health, education and vocational training programmes.
In 2016, a parliamentary committee was appointed to review gender-based violence legislation, including the domestic violence act. The domestic violence amendment act was passed in 2023 and came into effect in 2024. It strengthened the legal framework for protecting victims and survivors of domestic violence and expanded the category of persons who could apply for protection orders on behalf of the abused. The State party was considering future amendments to the act.
The Public Defender’s Office had recorded 15 complaints related to the right to life over the last five years. It had not received complaints related to discrimination on the grounds of sexual orientation. The Bureau of Gender Affairs had received 31 complaints over the same period, and had closed investigations for 26 of these cases.
In the September 2025 elections, 19 women were elected to the 63-member House of Representatives. This was above 30 per cent representation and the highest level of female representation to date. At local Government level, women accounted for only 19 per cent of counsellors. The national gender equality policy called for special measures such as legislated gender quotas to be implemented to address gender gaps.
Questions by Committee Experts
A Committee Expert said the Committee regretted that the State party was not currently considering abolishing the death penalty or ratifying the Second Optional Protocol to the Covenant but recognised that the Government had maintained a de facto moratorium for many years. How did the moratorium apply to prosecutors’ charging practices? Government officials had made concerning public statements calling for restoring the death penalty. What steps would the State party take to counter this political rhetoric?
Wrongful convictions were well documented in Jamaica. For example, in June 2026, the murder conviction of Austin Reid was quashed by the Court of Appeals due to an unreliable eyewitness identification. How did Jamaica ensure that convicted persons in capital cases who had completed the appellate process could introduce newly available evidence of innocence?
A 2023 amendment to the child care and protection act eliminated incarcerating children who were deemed “beyond parental control.” Yet three years later, the amendment had not entered into force. When would the amending act come into force, and how many facilities existed to treat children subject to residential therapeutic orders? A 2025 amendment to the act provided that a child aged 14 to 17 convicted of capital murder was to be sentenced to life imprisonment or to a term of not less than 30 years, with no possibility of parole for at least 15 years. The act also authorised the State to detain child offenders in adult correctional centres. How were these measures consistent with the Covenant?
How was isolation used in juvenile detention facilities as a punishment for infractions? How many inspections of such facilities were conducted during the reporting period, and had any inspection reports been published? Could the State provide data on children deprived of their liberty and children subject to alternative arrangements for the last five years?
Violence against youths reportedly remained widespread. How was the State responding? Would it adopt a comprehensive national action plan to combat violence against youth? “SafeSpot”, Jamaica’s national child and teen helpline, recorded a 115 per cent increase in calls in 2025. How would the State party ensure that sufficient human and financial resources were provided for SafeSpot and the Office of the Children’s Advocate? How would it ensure that both male and female victims of sexual violence were protected from perpetrators?
A binding legislative ban on corporal punishment had not been adopted, and “reasonable chastisement” remained a defence in common law. What steps had been taken by the State to implement its commitment to a comprehensive ban?
One Committee Expert asked about concrete mechanisms that gave practical effect to a rights-based approach in crime-suppression operations. How did the State party respond to the Inter-American Court of Human Rights’ concern that exceptional measures had become a permanent feature of security policy? What objective criteria were used to designate and extend a zone of special operations, and what judicial review was open to residents? How many people were detained under emergency authority during the reporting period, and how many were charged? What was the status of the case in which the Supreme Court found the 2019 detention of five young men unconstitutional in September 2020?
What steps were being taken to collect disaggregated data on vigilante violence? How many victims of gang or vigilante violence had accessed psychosocial support and legal aid through Victim Services?
What measures strengthened the Legal Aid Council’s capacity during the reporting period? The Expert called for information on the number of attorneys relative to demand, including in rural parishes, fees paid to assigned counsel, unmet requests, and plans to reform the legal aid act. What legal aid was available for civil matters, including protection orders in domestic violence cases? Trials commonly began three to five years after charge. Could the State party provide data on the case backlog for criminal and civil matters?
What concrete measures strengthened the independence of the judiciary and the public prosecution during the reporting period? What was the process for removing the Director of Public Prosecutions, and what safeguards protected their Office’s institutional and budgetary independence? What measures protected the personal security and independence of judges and prosecutors, and had any cases of intimidation or interference been documented?
Under the public order act, a public march in daylight was unlawful without a permit, to be applied for at least three days before the event. Organising a march in contravention to public orders was punishable by a fine or up to six months’ imprisonment; taking part without a permit was punishable by up to three months’ imprisonment; and failing to disperse when required by up to six months’ imprisonment. The act did not prescribe the degree of force allowed to disperse an assembly. How was this legislation compatible with the Covenant and General Comment 37? What exceptions existed for spontaneous assemblies? How many permit applications were submitted, granted and refused and what appeal was available? How many people were fined or imprisoned? Could the delegation describe the specific training given to officers assigned to assemblies?
A Committee Expert asked if the State party intended to criminalise torture as a separate offence, with a definition in line with international standards. Was it considering ratifying the Convention against Torture and its Optional Protocol? Could the State provide data since 2016 on complaints of torture and ill-treatment inflicted during interrogation or to obtain confessions? The Inspectorate and Professional Standards Oversight Bureau, which was part of the police, played a key role in investigating acts of torture. How was the impartiality of investigations guaranteed in this context? Did the State party intend to publish data on complaints received by the Bureau and their outcomes? What mechanisms enabled victims to obtain full reparation? Which rule ensured that statements obtained through torture or ill-treatment were not admitted as evidence, and how often had the courts applied it?
The Committee recognised Jamaica's strong tradition of press freedom and the decriminalisation of defamation in 2013. Regarding the 2022 directive banning broadcasts deemed to glorify violence, drugs or fraud, how was legal certainty, necessity and proportionality ensured? Why were less restrictive measures, such as time-slot restrictions or advisories, not chosen? Could censorship decisions be appealed before an independent body? How was the pluralism and sustainability of independent media promoted?
Human rights defenders, including environmental defenders, reportedly faced intimidation, harassment and, in some cases, violence. Was there a specific protection mechanism, and how many cases of threats or attacks had led to prosecutions? What measures were taken to ensure that public officials refrained from statements that stigmatised civil society organizations?
According to a 2026 study, 37.8 per cent of requests for access to information received no response and only 30.6 per cent were answered within the statutory time limit. The Access to Information Appeal Tribunal’s term expired in February 2024 and was not renewed until October, leaving appeals unheard. What measures had been taken to ensure compliance with time limits and the continuity of the Tribunal?
In September 2026, the Government announced the repeal of the charities act and the introduction of new non-profit organization legislation. How would early and meaningful consultation with civil society be ensured before the bill was tabled? Would it include an express non-discrimination clause and judicial review of any refusal or revocation of registration?
Another Committee Expert noted efforts undertaken by the Government to improve infrastructure and access to healthcare in correctional facilities. However, they expressed concern regarding reports of serious challenges persisting in Jamaica’s prisons and police detention facilities, including overcrowding, inadequate sanitation, poor infrastructure and difficulties in providing appropriate care for persons with mental health conditions. The adult prison population increased in 2025. What measurable progress had been achieved in reducing overcrowding? What steps had been taken to reduce the use and duration of pretrial detention, ensure that detention was imposed only where necessary and proportionate, and expand the use of non-custodial alternatives? Were persons awaiting trial housed separately from convicted prisoners in every facility? What monitoring measures were in place?
The bail act was enacted in 2023, providing for bail at the pre-charge, post-charge and post-conviction stages. What criteria guided decisions to grant or refuse bail? Had the act helped reduce overcrowding? Had the State party considered introducing or expanding electronic monitoring and other non-custodial alternatives to pretrial detention as a means of reducing overcrowding?
Despite increases in investigations and prosecutions for trafficking cases, challenges remained in securing convictions. What measures had the State party taken to address the gap between investigations and convictions? What practical measures had been taken to reduce delays in trafficking proceedings and protect victims and witnesses from intimidation? Was compensation provided for physical and psychological harm, lost income and rehabilitation costs? What measures were being taken to proactively identify victims of forced labour? The Expert called for data on the number and capacity of available shelters, including accommodation for adult men. How did the Government ensure that assistance continued throughout lengthy criminal proceedings and after victims left shelters?
Could data be provided on the annual budget and staffing of the Office of the National Rapporteur on Trafficking in Persons for 2023 to 2026? What national strategy currently governed Jamaica’s anti-trafficking response? What laws prohibited forced returns of trafficking victims to countries of origin? What remedies were available to victims to challenge a proposed removal? Was training for public officials on trafficking mandatory and regularly updated?
A Committee Expert asked about progress made in the revision of the 2009 refugee policy. What was the timeline for the adoption of a comprehensive and modern legislative framework for refugee protection? How many applications for recognition of refugee status had been received, granted and denied, and what was the average processing time? How many asylum seekers had been returned? What legal and administrative guarantees ensured that no person in need of international protection was expelled or subjected to refoulement? Were asylum decisions subject to an effective appeal with suspensive effect pending an independent review?
Could the State party provide information on guarantees to ensure that implementation of the agreement with the United States on the deportation of third-state nationals to Jamaica respected the rights set out in the Covenant? When did the implementation of this agreement begin, and what was the expected number of deported persons for the first year of operation? How many persons subject to this procedure had applied for political asylum or residency in Jamaica? Where were the deported persons housed? Did deportees have free movement in Jamaica? Were they provided with any official identification?
What legal criteria supported the State’s position that there were no indigenous peoples in Jamaica, despite the recognition of the Taíno and Maroon cultures? How was their self-identification guaranteed? When would the State party table its new national culture policy and position paper on indigenous cultures? What measures ensured the effective participation of the Maroon and Taíno communities in legislative, administrative and constitutional decisions affecting their rights, lands and resources? How were the Maroon communities consulted before the delimitation of the Cockpit Country reserved area in 2022? What independent programmes existed to assess the health impact of mining? Did the State foresee reforms to the mining law to establish a comprehensive compensation and remediation regime for environmental and health damages? What reparations had been provided after excessive use of force in the Quick Step community in 2024?
Responses by the Delegation
The delegation said the Jamaican trafficking in persons law was in line with the United Nations Convention on Transnational Organised Crime. The Government continued to implement the national action plan on trafficking in persons and was finalising a new national policy and implementation plan, which would take a rights-based approach to combatting trafficking in persons. The State had one shelter for victims of trafficking in persons that was dedicated for women and children and could hold 15 persons. It was in the process of constructing a facility for male victims.
A dedicated police squad led investigations into cases of trafficking in persons, working closely with the Centre for Sexual Offences as part of the national network for combatting trafficking in persons. In 2026, 13 investigations into trafficking in persons cases had been initiated, which had resulted in the identification of three additional victims. One investigation had reached the judicial stage. The State had various measures to support victims of trafficking throughout investigations, with specialised support measures for children.
Jamaica was not a party to the Convention against Torture or its Optional Protocol but remained committed to preventing torture and other cruel, inhuman or degrading treatment. The Charter of Fundamental Rights and Freedoms guaranteed protection from these offences and provided access to the Supreme Court for constitutional redress in cases of torture. Jamaica had abolished flogging and whipping through a 2013 law. The Office of the Public Defender had received no complaints alleging torture. Evidence obtained through torture was not permitted by courts.
The Constitution protected freedom of movement and prohibited detention without reasonable cause. Residents could receive constitutional remedies for infringements of these rights. Zones of special operations imposed targeted security measures and social and economic interventions. An evaluation was underway for seven such zones to inform their transition into “zones of peace and opportunity”.
The Legal Aid Council facilitated access to legal representation for persons of small or moderate means in criminal matters. The Council’s assistance also extended beyond the appointment of attorneys to providing legal advice and psychiatric evaluations and assessing DNA evidence. In this year’s budget, 550 million Jamaican dollars was allocated to legal assistance.
2023 amendments to the child care and protection act were designed to strengthen the treatment of children exhibiting behavioural challenges and to reduce the placement of children in correctional settings when they had not committed criminal offences. The law had not yet been gazetted. The amendment pertaining to children aged 14 to 17 being issued with 15 years imprisonment related only to the offence of murder.
The early childhood act prohibited corporal punishment in early childhood institutions and other forms of physical violence. The National Commission for Violence Prevention was established in 2019 with a mandate to review existing violence prevention programmes and related Government strategies. It had submitted a report to the Prime Minister in 2025, which called for the development of a 10-year national action plan on preventing violence.
Jamaica had not carried out an execution since 1988. The death penalty remained in law for specified categories of murder but a moratorium on the death penalty was in place. Sentencing guidelines for judges indicated how and when a death penalty could be imposed, which was only in extreme and exceptional cases. Jamaican law provided for new evidence to presented after the ordinary appellate process had been exhausted.
The sexual offences act included provisions protecting both boys and girls from sexual violence and regulating care provided to victims. The Supreme Court had the authority to intervene and protect children in need. There were cases where the State had intervened when parents were hostile or abusive.
The Constitution regulated the tenure of the Director and Acting Director of Public Prosecution, who could be removed from office only for inability to discharge their functions or for misbehaviour. The Judicial Services Commission advised the Governor General on matters concerning appointments, promotions, and separation from the judiciary.
The State had recently showcased two new state-of-the-art witness rooms at the Director of Public Prosecution, which would improve efficiency in criminal justice matters. A new judicial case management system was also being used to capture a wide range of data on the progression of criminal cases.
The correctional system provided adequate healthcare services to address the physical and psychological needs of detained persons. Offenders were medically assessed within 48 hours of admission and had access to doctors through scheduled visits. The State had established a 25-bed infirmary at an adult correctional centre in 2021 to provide specialised care for bedridden inmates. Inmates also had access to the national public health system, including specialist treatment and psychiatric care.
To address overcrowding, the Government was implementing measures such as reclassifying eligible offenders to transfer them from maximum to medium and low security institutions. It was also working to conduct essential repairs and renovations to improve prison facilities.
The Government ensured that victims of trafficking in persons were protected while awaiting court proceedings. Only police officers were allowed in courts when victims provided testimony. Two victims were placed under witness protection during court proceedings in 2024. The security forces and the Ministry of Labour and Social Security collaborated on joint inspections of workplaces to identify cases of forced labour, though no such cases had been identified yet. The Ministry carried out an awareness raising programme on trafficking that targeted at-risk communities. Training was provided to relevant officials on trafficking, including justice sector personnel, by the national taskforce on trafficking in persons and non-governmental organizations.
The Office of the Children’s Advocate provided legal representation to children who came before the courts and routinely made submissions for non-custodial measures to be applied to children. It had conducted training for justice system officials on the child justice guidelines. This had reduced the reliance on correctional orders for children in many courts.
The State was considering legislation on refugees and revising its refugee policy. It was committed to fulfilling the humanitarian needs of migrants, addressing irregular migration and strengthening border management. The State’s approach sought to balance legitimate security concerns with the protection of the well-being of vulnerable individuals.
Relevant organisations and stakeholders would be consulted regarding revision to the charities act.
The Charter of Fundamental Rights and Freedoms provided protection for journalists and human rights defenders. Jamaica had a free press system and ranked 26th in the World Press Freedom Index. There had been no human rights-based complaints related to the 2022 ban on broadcasts promoting violence, abuse of drugs and fraud. The Broadcasting Commission of Jamaica continued to review digital communications and the content ecosystem to ensure that the regulatory framework was effective.
The State party was currently working on a new national policy on cultural entertainment and the creative economy, which would establish a framework for official engagement with groups that self-identified as being indigenous. The State had facilitated ongoing dialogue with Maroon communities on issues related to infrastructure development and on a policy related to the dress code for access to public services. It had provided financing for bus services for these communities, as well as solarisation of Maroon mission houses.
Follow-Up Questions by Committee Experts
A Committee Expert asked for information on activities causing harm to the health of local communities in Cockpit Country related to mining operations. What rules were in place regarding the use of international cooperation funds in emergency operations?
Another Committee Expert asked about the timeline for creating residential treatment facilities for children referenced in the child care and protection act.
One Committee Expert welcomed the State’s commitment to consult with non-governmental organizations on the new law on such organisations. What prevented the State from expressly prohibiting torture as a stand-alone crime? Was there an independent body to review decisions made under the 2022 directive on broadcasting?
A Committee Expert welcomed the State party’s efforts to strengthen the national mechanism for implementing international human rights recommendations. How effectively was the body monitoring implementation of recommendations from treaty bodies?
Responses by the Delegation
The delegation said Jamaica did not currently maintain a centralised database for tracking recommendations made by treaty bodies but was working to develop such a database. It had contacted four countries that operated different tracking tools and was assessing which tool would be most suitable to the Jamaican context.
After the passage of Hurricane Melissa, the Government implemented measures to mobilise resources and coordinate recovery efforts to the needs of affected individuals and communities. It had worked to restore justice services affected by the hurricane and provide rapid medical response and disease prevention during the disaster. Field hospitals were deployed in strategic locations with support from the Government of Spain and the European Union. Further, financial grants were provided to affected households to support rebuilding efforts. A shelter recovery programme with a 1.1-billion-dollar budget was also implemented to support the implementation of semi-permanent housing solutions for affected persons. The State kept records of the use of funds provided by international donors.
The Jamaica police force was engaged in “community-based policing”, which involved policing with the community rather than policing the community. The approach involved partnerships with various non-governmental organizations and community groups, and had resulted in a significant increase in confidence in the police.
Jamaica’s legislative framework for combatting gang violence included the offences against the person act, which provided measures for prosecuting offences, disrupting criminal organisations and addressing illegal firearms. The police force worked with domestic and international partners to tackle gang violence. The State was working with the United Nations Office on Drugs and rime to develop a national organised crime strategy. Its efforts had led to reduction in criminal gang activities from 829 cases in 2024 to 387 cases in 2025.
Jamaica had a residential care home for boys only and was currently working to develop a facility for both boys and girls.
Closing Statements
GRACE ANN STEWART MCFARLANE, Permanent Secretary, Ministry of Justice and Constitutional Affairs, and alternate head of delegation, expressed appreciation to the Committee members and the delegation members for the constructive dialogue. The State valued the Committee’s constructive engagement and reaffirmed its commitment to the continued promotion and protection of human rights in Jamaica.
CHANGROK SOH, Committee Chairperson, thanked the State party for its engagement in the constructive dialogue and its efforts to address the Committee’s questions. The Committee acknowledged the profound impact of Hurricane Melissa on the State party’s capacity to meet the needs of its population. It appreciated the State party’s efforts to uphold its reporting obligations in the review in this context.
The dialogue had highlighted significant concerns that called for further efforts by the State party. These included the sharp increase in fatal shootings by security forces and the low number of prosecutions and convictions, the situation surrounding the states of emergency declared between 2018 and 2023, and the absence of a national human rights institution in line with the Paris Principles. Members also raised concerns regarding the retention of provisions in the offences against the persons act that resulted in stigmatisation of lesbian, gay, bisexual, transgender persons; the absence of comprehensive anti-discrimination legislation; discrimination against persons living with HIV; restrictions on access to safe and legal abortions; calls to resume executions; overcrowding in places of detention; the gap between investigations and convictions in trafficking cases; and the rights of indigenous peoples, including in relation to land. Across these issues, what mattered was how legislative and institutional measures translated into effective protection in practice. This required concrete results in preventing violations, ensuring independent investigations and accountability, and providing remedies for those affected.
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Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CCPR26.014E