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TITLE: JAMAICA HUMAN RIGHTS PRACTICES, 1993
DATE: JANAURY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
JAMAICA
Jamaica is a constitutional parliamentary democracy and a
member of the Commonwealth of Nations. The Governor General,
appointed by the Crown on the advice of the Prime Minister,
represents the Queen as Head of State. The elected Prime
Minister, the leader of the majority party in Parliament, is
the head of government. The Parliament is composed of an
elected House of Representatives and an appointed Senate. Two
major political parties have alternated in power since the
first elections under universal adult suffrage in 1944. The
People's National Party (PNP) holds 52 of the 60 seats in the
House of Representatives. The opposition Jamaica Labor Party
(JLP), which formed the Government from 1980 to 1989, holds the
remaining 8 seats. The last general election, held in March,
was marred by political violence and fraud.
The security forces consist of the Jamaica Constabulary Force
(JCF--police), the Island Special Constabulary Force
(ISCF--auxiliary police), and the Jamaica Defense Force
(JDF--army, air wing, and coast guard). The JCF and ISCF
report to the Ministry of National Security. The JDF is
responsible to the Prime Minister in his capacity as Defense
Minister. The JCF has repeatedly and accurately been cited for
human rights abuses and political partisanship; the JDF has
been responsible for some, albeit fewer, abuses.
Jamaica's economy is based on primary products (bauxite/alumina,
sugar, bananas), services (tourism), and light manufacturing
(garment assembly). The Government has promoted private
investment to stimulate economic growth and modernization,
pursuing in the process a sometimes painful program of
structural adjustment. Side effects of this program have
included inflation, currency devaluation, and large-scale
layoffs in the public sector.
Jamaica's principal human rights abuses are extrajudicial
killings and beatings by police and prison guards and, to a
lesser extent, members of the army. Such killings are often
carried out with impunity. While a few police and army
personnel were prosecuted for manslaughter or murder, the local
media and human rights groups attributed new execution-style
killings to members of the security forces. Other abuses
include violence against women, including attacks by police;
searches without warrants; indefinite detention; brutal
treatment of detainees; and vigilantism. Conditions in
Jamaican jails and prisons remain appalling, with serious
overcrowding, awful sanitary conditions, and inadequate diet
the norm. An inefficient and overburdened judiciary was
responsible for lengthy delays in trials, sentencing, and
appeals.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
The March 30 general election was preceded by a brief but
violent campaign during which between 14 and 22 persons were
killed by political partisans and/or members of the security
forces in February and March. In the only pre-election killing
with political overtones allegedly committed by security
forces, a JDF lieutenant and a lance corporal were charged with
the March 27 killing of JCF constable Rupert Sinclair, who was
acting as a bodyguard for JLP candidate for Parliament Ernest
Smith. Eyewitnesses reported that Sinclair, who identified
himself as a policeman, was shot in the stomach while being
questioned by the soldiers. A trial was set to begin on
October 11, but had not begun by year's end.
On March 26, election official Dennis Brooks was shot and
killed in Old Harbour, St. Catherine. The suspected killer, a
PNP supporter, was later found dead of multiple gunshot wounds
one day after his arrest, and subsequent unexplained release,
for the killing of a JLP supporter.
There continue to be credible reports that the JCF engages in
the summary execution of suspects under the guise of
"shoot-outs." Local media accounts disputing JCF claims of
shoot-outs (often quoting eyewitness accounts in direct
contradiction) appeared with increasing frequency in 1993. One
case which drew particular media attention concerned the July
16 shooting death of two robbery suspects at Nuttall private
hospital in Kingston. While initial JCF reports indicated the
two men, Alfredo Bell and Leroy Chin, were killed in a
shoot-out, eyewitness accounts from health professionals and
other credible witnesses maintained that Bell was chased into
the hospital, taken outside by JCF personnel, forced to lie
prone and shot in the back of the head. One of six JCF
officers involved was charged with capital murder and suspended
while the investigation and prosecution proceeded.
Statistics collected over several years from the JCF show that
the number of people shot and killed by the police routinely
exceeds the number shot but only wounded. In 1993 the JCF
listed 67 people shot and wounded by police officers, while 91
were shot and killed. For 1992 the figures were 69 shot and
wounded, 107 shot and killed. Prosecutions of security
officials for extrajudicial killings appeared to increase.
Overall, seven JCF members were charged, suspended, or
prosecuted for murder or manslaughter in 1993, compared with
four in 1992.
The new Commissioner of Police, Army Colonel (ret) Trevor
MacMillan, the first chosen from outside the ranks of the JCF
since 1966, was appointed with a mandate to reform the police.
In October he ordered the disbanding of the Special Operations
Unit and the restructuring of the Protective Service Unit, both
of which had been responsible for much political partisanship.
Extrajudicial killings of persons in official custody continued.
Four JCF inspectors and a superintendent were charged on April
2 with manslaughter in connection with the deaths of three
detainees in the Constant Spring police jail in October 1992.
The trial of the five had not begun by the end of 1993. In
another incident, the death of detainee John Headley in the
Ramble jail in November 1992, a detective constable and another
JCF officer were charged with manslaughter in late May.
According to eyewitness accounts from fellow detainees, Headley
died under interrogation from repeated beatings as the accused
officers sought a confession in the case of a stolen cow. The
accused had not been tried by year's end.
Vigilantism, involving spontaneous mob executions, occurred
with some frequency in Jamaica in 1993. Residents often
complained that help from the police, particularly in rural
areas, was tardy or nonexistent; in many such cases, the
response to crimes from agricultural larceny to armed robbery
was the rapid formation of a local mob which beat, stoned, or
"chopped" (with machetes) the alleged criminals to death.
Police rarely brought charges against vigilantes, and
acquittals were common in the few cases that did go to court.
b. Disappearance
There was no evidence of politically related abduction or
disappearances perpetrated by the security forces or others in
1993.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and other abuse of prisoners and detainees are
prohibited by law. Nonetheless, there were numerous credible
complaints of beatings, in many cases to obtain confessions, by
guards and security personnel of inmates held in jails and
prisons. The Jamaica Council on Human Rights (JCHR) reported
that the beating of detainees on the soles of the feet in order
to obtain confessions was a common practice; in one incident,
it said, police forced one detainee to beat the soles of a
friend and fellow detainee. In recent years, the Government
has paid out hundreds of thousands of dollars in civil damages
to settle suits brought against security personnel for brutal
treatment; the most recent available figure, for 1991, was
$333,000.
The Police Public Complaints Authority (PPCA), a nonpartisan
civilian body which began operations in April, received over
150 complaints in its initial months of operation. Most
complaints charged excessive use of force or abuse of power.
The PPCA's chairman told local media in August that the
authority's work was being hampered by a lack of reliable
witnesses. The PPCA may refer cases to the Commissioner of
Police; if not satisfied with the Commissioner's actions, the
Authority may report on the matter to the Governor General. At
year's end, however, no JCF personnel had been charged or
prosecuted for matters arising from PPCA complaints.
There were no significant changes in conditions in maximum
security prisons and police jails, which remain abysmal.
Sanitary conditions are appalling and dangerous, food
inadequate at best, and overcrowding the rule rather than the
exception. Several police jails were temporarily closed during
the year in an effort to cope with raw sewage running through
the grounds; others, including Central jail in Kingston and
Barnett Street jail in Montego Bay, remained open under
substantially the same conditions. At the general penitentiary
in Kingston, up to six men are held in the 7- by 10-foot cells
in the remand section, in near total darkness, for 16 to 20
hours a day.
The failure to provide adequate and timely medical attention is
a further problem, especially given the degrading sanitary
conditions. Prisoners and detainees who can afford to pay find
access to medical treatment, supplemental food, and other
amenities. Prisoners without access to money from family
members and friends must subsist on the $0.60 a day per inmate
budgeted for food.
A 1992 amendment to Jamaica's Offenses Against the Person Act,
which separated murder into capital and noncapital categories,
elicited a great deal of comment on the revised Act and on the
death penalty in general during 1993. A number of
commentators, including the JCHR, questioned the propriety of
allowing 10- to 15-year delays in executions for a large number
of convicted murderers. They charged that, the question of the
rightness or wrongness of the death penalty aside, such lengthy
delays themselves constituted cruel, inhuman, and degrading
punishment. In November the Privy Council commuted the death
sentences of two convicted murderers, saying their 14 years on
death row amounted to inhuman treatment. There have been no
executions in Jamaica since 1988 and no ex post facto
applications of the death penalty.
d. Arbitrary Arrest, Detention, or Exile
The Suppression of Crimes Act (SOCA), adopted in 1974 and still
in force in Kingston, St. Andrew, and St. Catherine parishes,
allows police to make arrests and conduct warrantless searches
of the homes and property of persons "reasonably" suspected of
having committed a crime. It has also been used as
justification for curfews in urban areas. The Government
promised on several occasions during 1993 to repeal the SOCA;
by the end of the year, however, the law was still on the books.
Detention of suspects without a warrant occurs regularly,
particularly in poor neighborhoods. Many detainees are held
for several weeks without being brought before a judge or
magistrate, in contravention of the law, which sets a maximum
of 48 hours for detention without a hearing. For Jamaican
suspects charged with a crime, there is a functioning bail
system. Foreign detainees, however, are regularly denied
bail. Persons unable to post bail while waiting for a judicial
hearing are often detained for long periods. Detainees
constitute 15 percent of the maximum security prison
population; the average length of detention before trial has
not been determined but ranges from 6 to 52 weeks.
Some 80-100 persons are currently awaiting trial "at the
pleasure of the Governor General," usually for capital offenses
committed as minors. They are subject to indefinite detention;
many have been held for more than 10 years. Others in the
group, mostly mentally ill, have been judged unfit to plead. A
man held for 24 years without trial was released in September
to the care of his family after a public outcry stemming from
media reports of his plight. Other such cases were under
review by the Governor General at year's end.
Under a 1992 joint police-military campaign called "Operation
Ardent," the Government established rapid response units in
three locations to combat increasingly violent crime. By
mid-1993, however, the Anti-Crime Investigation Detachment
(ACID) replaced Operation Ardent as the latest anticrime
initiative. ACID members were almost immediately linked to
reports of summary executions (see Section 1.a., the Nuttall
hospital incident). The three military detention centers which
were to be used to house Operation Ardent detainees, meanwhile,
were constructed but never used.
e. Denial of Fair Public Trial
There is a well-established right to counsel for persons
charged with criminal offenses; indigents, however, must have
been accused of a "serious offense" (e.g., murder, rape,
robbery, firearms offenses) to qualify for court-appointed
counsel. Many offenses, including wounding with intent (to
cause great bodily harm), are not considered "serious," and
many defendants are thus convicted without benefit of counsel.
The Court of Appeal and the Parliament may refer cases to the
judicial committee of the Privy Council in the United Kingdom
(see Section 1.c.).
A special gun court, established in 1974, considers all cases
involving the illegal use or possession of firearms and
ammunition. Public attendance is restricted, and cases are
heard by a panel of three judges, with less rigorous rules of
evidence than in regular court proceedings. In capital cases,
hearings before the gun court serve as preliminaries to jury
trials under the jurisdiction of the Supreme Court.
The judicial system, although independent, is overburdened and
operates with inadequate resources. Budgetary shortfalls have
resulted in a steady attrition of trained personnel, causing
further delays. Many cases take years to come to trial, and
others have had to be dismissed because case files could not be
located. One case required 50 visits to court by the parties
before a decision was reached; another has been on the books of
the May Pen district court since 1972. The Government in
recent years took some steps to reverse the deterioration of
the legal system, which included raising judicial salaries,
increasing training for judicial personnel, upgrading court
house facilities, and providing technical assistance to
institutionalize an improved court administration system. The
effects on caseloads and average length of proceedings have so
far been minimal, however.
There are no political prisoners in Jamaica.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary intrusion by the State
into the private life of the individual. Under the SOCA,
however, homes or businesses believed to be occupied by persons
"reasonably" suspected by the police of having committed a
crime may be searched without a warrant. This authority is
frequently abused.
Although the use of telephone taps without a court order is
officially limited to cases involving the drug trade,
terrorism, and subversion of the Government, charges have been
raised in recent years by political and trade union officials
that their telephones were being tapped. These charges have
not been addressed by the authorities.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press are provided for in the
Constitution and are observed in practice within the broad
limits of libel laws and the Official Secrets Act.
The Jamaica Broadcasting Company (JBC), largely freed from
government ownership in 1988, operates two radio stations and
one of the island's two television channels. A private
television station went on the air in May, while two other
privately owned FM radio stations also began operation during
the year. The Government's broadcast commission has the right
to regulate programming during emergencies. Foreign television
transmissions are unregulated and available to a sizable number
of Jamaicans through satellite antennas.
Jamaica's four largest newspapers, all privately owned,
regularly report on alleged human rights abuses, particularly
those involving the JCF. Foreign publications are widely
available. There is no censorship or interference in academic
institutions.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association. Public rallies are staged by all political
parties. Such events require a police permit, which is
normally granted. Large numbers and varieties of professional,
business, service, social, and cultural associations function
freely.
c. Freedom of Religion
Freedom of religion is provided for by the Constitution and is
well established. More than 80 percent of the population
belongs to various Christian denominations, and religious
groups of all kinds operate freely. Evangelical Christian
movements have gained a significant following, and foreign
evangelists visit regularly.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides Jamaican citizens freedom of movement
and immunity from expulsion from the country. Apart from
persons under criminal investigation, there are no restrictions
on foreign travel or emigration. Citizenship is not revoked
for political reasons.
Those who apply for refugee status are handled on a
case-by-case basis. In coordination with the U.N. High
Commissioner for Refugees (UNHCR) in 1991, the Jamaican
Government established a facility which processed more than 100
Haitian boat people, who were housed, clothed, and fed
throughout 1992. By the end of 1993, some 30-35 remained in
Jamaica, the rest having been voluntarily repatriated to
Haiti. There were occasions when the Jamaican Government
refused the disembarcation of Cuban asylum seekers.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Jamaicans have, and freely exercise, the right to change their
government. All citizens aged 18 and over have the right to
vote by secret ballot. The March 30 general election was
marred, however, by fraud which occurred on a large scale
within the urban constituencies of Kingston, and to a lesser
but still significant extent in nearby parishes. In an April 2
statement, Professor Gladstone Mills, chairman of the electoral
advisory committee, called the theft and stuffing of ballot
boxes and repeat voting by hundreds of people "a terrible and
sad travesty of the democratic process." Observers found
particularly troubling the involvement of elements of the
security forces: in addition to the murder of Rupert Sinclair
(Section 1.a.), members of the JCF were observed by the local
and international media assisting in the takeover of polling
stations by one party or the other. Indeed, the results from
some stations depended on which party was able to bring the
greater threat of force to bear.
According to Professor Mills, the murder 3 days before the
election of electoral official Dennis Brooks also had a
substantial effect on the willingness of electoral officials to
do their jobs on election day, contributing to delays in
opening and the premature closing of some polling stations.
Such action effectively disenfranchised thousands of voters,
either by shortened polling hours or by threats of violence
from armed political gangs. Nevertheless, observers, including
the opposition JLP, conceded that the overall result of the
election was not altered by the fraud which took place, even
though individual seats may have been decided as a result of
fraud.
The JLP boycotted a by-election in late November, charging that
appropriate electoral reforms were not in place. The election,
won overwhelmingly by the PNP candidate, was contested by one
independent and two small-party candidates, who charged that
voter turnout figures were inflated, and that some of their
votes were lost owing to electoral irregularities. The
security forces appeared to have performed their duties
professionally on election day; no charges of violence or
malfeasance were raised against members of the army or police.
There are no de jure limitations to the participation of women
in politics at any level. In practice, women constitute a
small minority of national parliamentarians and an only slightly
higher proportion of local council members. Women in politics,
as in Jamaican business, hold few leadership positions; they
tend, on the other hand, to dominate in administrative areas.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no restrictions on human rights organizations in
Jamaica. The JCHR, the country's only formal human rights
organization, has vigorously protested abuses by the police and
has called for corrective reforms. Its work was hampered,
however, by a lack of adequate resources. There was no
official followup on the August 1992 break-in and fire at the
JCHR headquarters, which effectively shut the organization down
for 3 months. The JCHR's coordinator, chairman, and
vice-chairman continued to receive death threats in 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
While Jamaican women are theoretically accorded full equality
under the Constitution and under the 1975 Employment Act, in
practice they suffer from economic discrimination, sexual
harassment in the workplace, and cultural and social traditions
which do little to discourage violence against women.
Sexual assault reports increased from 1,091 in 1991 to 1,155 in
1992. According to the authorities, reports of violence
against women increased again in 1993, although figures were
unavailable at year's end. Complaints filed with the JCHR
alleging police attacks on women have increased dramatically in
the last few years, leading the organization to focus formally
on women's issues for the first time since its creation in
1968. A police instructor allegedly raped a young woman
recruit at the police academy on August 16; he was arrested the
same day. By year's end, his trial had not begun.
The Women's Crisis Center and Sistren (a women's resource
collective) both reported increases in the number of, and level
of violence involved in, attacks against women. Women remain
reluctant to bring assault charges against their domestic
partners when jail is seen as the likely result. The
Government, which promised legislation to introduce noncustodial
sentencing for nonweapon offenses, had not done so by the end
of 1993.
Children
The Government has gone on record several times over the past
decade as supporting the rights and welfare of children.
Limited resources, however, make it difficult for the
Government to monitor the status of children at school, in the
workplace, or at home. The only legislation which specifically
addresses the rights of children is the Juvenile Act (see
Section 6.d.).
The treatment of children in Jamaican society received
increased public attention in 1993. Sexual abuse and child
labor practices were particular areas of concern. A University
of the West Indies study released in April showed that
13 percent of eighth-grade girls questioned had faced attempted
rape, while 4 percent had actually been raped, often by a
family member. Additionally, 22 percent had witnessed acts of
violence involving weapons at home, while 40 percent had
witnessed similar acts at school.
Indigenous People
While there are no indigenous peoples remaining in Jamaica,
several community groups descended from freed and escaped
slaves, called Maroons, live in separate communities in the
interior of the island. Since British colonial times, the
Maroons have enjoyed a degree of autonomy granted by treaty.
There were no charges of political or other discrimination made
by Maroon leaders in 1993. However, they continue to press
claims for land rights which they say the Government has not
honored.
Religious Minorities
The Rastafarians, a sect dedicated to black repatriation to
Africa, have repeatedly charged the Government with religious
persecution over the years; often, however, the charges stem
from criminal prosecutions brought for possession and use of
marijuana, the smoking of which the Rastafarians regard as a
sacrament.
People with Disabilities
There have been no organized campaigns to make structures and
facilities accessible to disabled persons, and there are no
laws mandating provision of accessibility for people with
disabilities. A government-sponsored "disabilities week," held
in September, helped raise public awareness of the problems
which confront disabled Jamaicans.
Section 6 Worker Rights
a. The Right of Association
The Constitution specifically provides for the right to form or
join a trade union. There are no categories of workers who do
not have the right to form unions. Labor unions function
freely and independently of the Government. The Labor
Relations and Industrial Disputes Act (LRIDA) codifies worker
rights. There is a spectrum of national unions, some of which
are associated with political parties. Approximately
15 percent of the labor force is organized.
Jamaican law neither authorizes nor prohibits the right to
strike, but unions and workers do strike. Striking workers can
interrupt work without criminal liability but cannot be assured
of keeping their jobs. Workers in 10 broad categories of
"essential services" are prohibited from striking, a provision
of the LRIDA which the International Labor Organization (ILO)
has repeatedly condemned as overly inclusive. There was a
major increase in workdays lost to industrial action in 1993,
as workers attempted to regain buying power lost to inflation
over the preceding 3 years. No strikes were declared illegal
in 1993.
Jamaican unions maintain a wide variety of regional and
international affiliations.
b. The Right to Organize and Bargain Collectively
The Constitution provides for the right to organize and belong
to labor unions, and LRIDA provisions include guidelines for
labor, management, and government on issues such as organizing
work sites, negotiating agreements, and conflict resolution.
The Government rarely interferes with union organization
efforts, and judicial and police authorities effectively
enforce the LRIDA and other labor regulations.
Labor, management, and the Government remain firmly committed
by law and in practice to collective bargaining in contract
negotiations and conflict resolution, even in some nonunion
settings. When labor and management fail to reach an
agreement, cases may be referred to an independent Industrial
Disputes Tribunal (IDT), which forms the first appeal level
above the Ministry of Labor. Any cases not resolved by the IDT
pass to the civil courts.
The LRIDA prohibits antiunion discrimination: for example,
employees may not be fired solely for union membership.
Employees unlawfully fired for union activities may choose to
be reinstated or receive appropriate compensation, under the
direction of the Industrial Disputes Tribunal. This law has
been effectively enforced. On the other hand, union
affiliation may not be a prerequisite for employment.
Domestic labor laws apply in the "free zones" (export processing
zones); however, there are no unionized companies in any of
them. Union organizers attribute this to resistance by foreign
owners in the zones to organizing efforts and government
reluctance to allow union access. Nonetheless, the free zones
were hit by labor unrest in July and attempts to organize
plants within the zones continue. Company-controlled "workers'
councils" handle grievance resolution at most free zone
companies. Wages and conditions within the free zones, set by
management, are generally as good as or better than those in
similar industries outside the zones. The Labor Ministry,
however, discontinued inspections of the zones in mid-1992 due
to budget cutbacks.
c. Prohibition of Forced or Compulsory Labor
The Constitution does not specifically address the matter of
forced or compulsory labor. However, Jamaica is a party to
both ILO conventions that prohibit compulsory labor, and there
have been no allegations that this practice exists in Jamaica.
d. Minimum Age for Employment of Children
The Juvenile Act provides that children under the age of 12
shall not be employed except by parents or guardians, and that
such employment may be only in domestic, agricultural, or
horticultural work. However, enforcement is erratic. Children
under 12 years of age can be seen peddling goods or services on
city streets. There is no evidence of widespread illegal
employment of children in other sectors of the economy. The
Educational Act stipulates that all children aged 6 to 11 must
attend elementary school. Industrial safety, police, and
truant officers are charged with enforcement. Given the
difficult economic circumstances of the past few years,
however, thousands of children were kept home for varying
periods to help with housework and to keep expenses down.
e. Acceptable Conditions of Work
The minimum wage, $10 (J$300) per week, is widely considered
inadequate. Most salaried workers are paid more than the legal
minimum wage. Work over 40 hours per week or 8 hours per day
must be compensated at overtime rates, a provision which is
widely observed. The law provides for a 24-hour rest day per
week, during which workers may choose to work in exchange for
double pay. The Labor Ministry's Industrial Safety Division is
charged with setting and enforcing industrial health and safety
standards, which outside experts consider adequate. Industrial
accident rates were once again low in 1993. The Ministries of
Labor, Finance, the Public Service and National Security are
charged with enforcing labor laws and regulations; again,
however, the reduction of the public service in 1992 had a
grave impact on the ability of those ministries to enforce the
law. Workers are guaranteed the right to remove themselves
from dangerous work situations without jeopardy to their
continued employment if they are trade union members or covered
by the Factories Act; other categories of workers are not
specifically protected by law in those circumstances.
[end of document]
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