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Title: Jamaica Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
JAMAICA
Jamaica is a constitutional parliamentary democracy and a member of the
Commonwealth of Nations. Two political parties have alternated in power
since the first elections under universal adult suffrage in 1944. The
last general election, held in March 1993, was marred by political
violence and fraud. The judiciary is independent but lacks adequate
resources.
The Jamaica Constabulary Force (JCF) has primary responsibility for
internal security, assisted by the Island Special Constabulary Force
(ISCF). The Jamaica Defence Force (JDF-- army, air wing, and coast
guard) is charged with supporting the JCF in maintaining law and order,
although it has no powers of arrest. While the civilian authorities
generally maintain effective control of the security forces, some
members of the security forces committed human rights abuses.
The economy is based on primary products (bauxite and alumina, sugar,
bananas), services (tourism, finance), and light manufacturing (garment
assembly). The Government has promoted private investment to stimulate
economic modernization and growth, pursuing in the process a sometimes
painful program of structural adjustment. Annual per capita income is
only $1,560, with a widening gap between wealthy and working classes.
The Government's human rights record improved somewhat due to reform
efforts enacted by the Police Commissioner. Although members of the
security forces committed extrajudicial killings and beatings and
carried out arbitrary arrests and detentions, the Government, in
contrast to past years, moved effectively to punish some of those
involved. The number of policemen charged with murder more than
quadrupled in the past 2 years. Prison and jail conditions remained
poor, with serious overcrowding, brutality against detainees, dismal
sanitary conditions, and inadequate diet the norm. The judicial system
was overburdened and lengthy delays in trials were common. Economic
discrimination and violence against women remained problems, as did mob
action against those suspected of breaking the law.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
The security forces frequently employed lethal force in apprehending
criminal suspects, usually in the guise of shoot-outs. This resulted in
the killing of over a hundred people during the year. Allegations of
"police murder" were common, but the validity of many of the allegations
was suspect, the result of unresolved, long-standing antipathy between
the security forces and certain communities, especially poorer urban
neighborhoods. The JCF conducted both administrative and criminal
investigations into incidents involving fatal shootings by the police.
The number of police actually charged with murder rose from single
digits in 1993 to 35 in both 1994 and 1995. The JCF policy statement on
the use of force incorporates U.N.-approved language on basic principles
related to the use of force and firearms by law enforcement officials.
On April 19, a JCF corporal was suspended after killing a man during
interrogation about a rape. The corporal was charged with murder on May
15. Police authorities suspended two policemen in Mandeville July 23,
after warning shots they fired on July 20 to disperse a crowd killed one
person and injured two others. Authorities suspended a policeman from
active duty, pending further investigation, after he shot into a
peaceful demonstration in Kingston on October 25, killing one person and
wounding several others.
There were no developments in the murder trial of a JCF officer accused
in two July 1993 killings. A JCF officer initially charged with murder
for the shooting death of a spectator during the July 1991 visit of
Nelson Mandela was acquitted of manslaughter following trial in
November. A jury found a JDF corporal, charged in the 1993 killing of a
candidate's police bodyguard, not guilty in May.
In July the Supreme Court awarded damages to the mother of 1 of the 3
men who died when prison authorities confined 19 men in a nearly airless
cell for 2 days in the Constant Spring jail in October 1992. Relatives
of the other two men who died brought similar suits.
An increased police presence brought a decline in vigilante action in
the rural districts where it had been prevalent.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits torture and other abuse of prisoners and detainees.
Acknowledging past mistreatment of inmates, the Commissioner of
Corrections dismissed some 60 wardens who had abused prisoners. Despite
the dismissals, procedures did not change significantly, and reports of
wardens physically abusing prisoners continued. The Jamaica Council for
Human Rights (JCHR) noted a slight decline in the number of reports of
physical abuse by the police.
Prison conditions remained poor, with overcrowding, inadequate diet, and
insufficient medical care the norm. The Government began to address the
problem of inadequate diet by instituting programs to make the prisons
self-sufficient in food, but it did not achieve any significant results.
The Inter-American Commission on Human Rights, which toured correctional
centers in 1994, stated in a 1995 letter to the Department of
Corrections, that it was "impressed with the efforts being made by the
Government to transform the prison system" although it noted that it
would take time to put needed reforms into effect.
The Government allowed private groups, voluntary organizations,
international human rights organizations, and the media to visit prisons
and monitor prison conditions.
d. Arbitrary Arrest, Detention, or Exile
In 1994 Parliament repealed the Suppression of Crimes Act (SOCA) of
1974, which permitted warrantless searches and the arrest of persons
"reasonably suspected" of having committed a crime. The Jamaica
Constabulary Force Act, however, now contains several of these
provisions, and reports that the police abused these provisions
continued.
The law requires police to present a detainee in court within 48 hours
of detention, but authorities continued to detain suspects, especially
from poor neighborhoods, without presenting them before a judge within
the prescribed period. Magistrates inquire at least once per week into
the welfare of each person listed by the JCF as being detained. There
is a functioning bail system for citizens, but judges regularly denied
bail for foreign detainees.
The Constitution prohibits exile, and no instances of exile occurred.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, which exists in
practice. However, the judicial system is overburdened and operates
with inadequate resources. Budgetary shortfalls have resulted in a
steady attrition of trained personnel, causing further delays. Trials
in many cases are delayed for years, and others are dismissed because
case files can not be located. The Justice Ministry initiated evening
court sessions in September in an effort to reduce the backlog of
pending cases, but there has not yet been a notable improvement in this
regard.
The Constitution allows the Court of Appeal and the Parliament to refer
cases to the Privy Council in the United Kingdom as a final court of
appeal.
The defendant's right to counsel is well-established, but courts appoint
counsel for indigents only in cases of a "serious offense" (e.g.,
murder, rape, robbery, gun offenses). However, the law does not
consider many offenses, including wounding with intent to cause great
bodily harm, as "serious," and courts thus try many defendants without
benefit of counsel.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary intrusion by the State into the
private life of the individual. The revised Jamaica Constabulary Force
Act continues to give security personnel broad powers of search and
seizure similar to those granted by the former Suppression of Crimes
Act.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the press, and
the Government respects these rights in practice.
The Jamaica Broadcasting Company, largely deregulated in 1988, operates
two radio stations and one of the island's two television stations. The
Government's broadcasting commission has the right to regulate
programming during emergencies. Foreign television transmissions are
unregulated and available to tens of thousands of Jamaicans through
satellite antennas. The four largest newspapers, all privately owned,
regularly report on human rights abuses, particularly those involving
the JCF. Foreign publications are widely available.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for these rights, and the Government respects
them in practice.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for these rights, and the Government respects
them in practice.
The Government cooperates with the U.N. High Commissioner for Refugees
and other humanitarian organizations in assisting refugees. There were
no reports of forced expulsion of anyone having a valid claim to refugee
status. However, the Government had not made a decision on the 1994
applications of Cuban and Haitian asylum seekers by year's end.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides citizens with the right to change their
government peacefully. Periodic elections are held on the basis of
universal suffrage. All citizens age 18 and over have the right to vote
by secret ballot. The last general election, in March 1993, was marred
by violence and fraud. The violence and fraud was most prevalent in so-
called garrison communities, which are dominated by one or the other of
the two major political parties. The People's National Party (PNP)
holds a majority in the House of Representatives. The Jamaican Labor
Party (JLP), which has alternated in power with the PNP since 1944, has
boycotted all by-elections since 1993, claiming that the Government had
not implemented needed electoral reforms. Following agreement on
procedures by the major parties in August, voter registration will take
place under an improved system in the future.
There are no legal limits on the participation of women in politics.
Women hold some 13 percent of all political offices and 30 percent of
the senior civil service positions. Women also hold the positions of
General Secretary of the PNP, and 2 of 16 cabinet offices.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A number of human rights groups operate without government restriction,
investigating and publishing their findings on human rights cases. The
work of the JCHR, the country's only formal organization concerned with
all aspects of human rights, was hampered by the lack of adequate
resources, and by year's end it faced having to close its office.
Government officials are generally cooperative and responsive to the
views of human rights organizations.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination on grounds of race, place of
origin, political opinion, color, creed, or sex. The Government largely
enforces these prohibitions in practice, except for widespread
discrimination on the basis of political affiliation in the distribution
of scarce governmental benefits, including employment, especially in the
garrison communities (see Section 3).
Women
In practice, women suffer from economic discrimination, sexual
harassment in the workplace, and social and cultural traditions that
perpetuate violence against women, including spousal abuse. In April
the Government passed long-awaited legislation to provide additional
remedies for domestic violence, including restraining orders and other
noncustodial sentencing.
The Constitution and the 1975 Employment Act accord women full equality.
The Bureau of Women's Affairs, in the Ministry of Labour, oversees
programs to ensure the legal rights of women. These programs have had
limited effect to date, but have raised the awareness of problems
affecting women.
A number of active women's rights groups exist. They are concerned with
a wide range of issues, from employment, violence against women, and
political representation, to the image of women in media. Their
effectiveness is mixed, but the groups were active in pushing for
passage of the Domestic Violence bill, and in preparations for the U.N.
Fourth World Conference on Women.
Children
The Juvenile Act of 1951 deals with several areas related to the
protection of children, including prevention of cruelty, prohibition on
causing or allowing juvenile begging, the power to bring juveniles in
need of care or protection before a juvenile court, the treatment of
juvenile offenders, the regulation and supervision of children's homes,
and restrictions on employment of juveniles. However, a Human Rights
Watch report contends that the Government has not committed an adequate
level of resources to enforce the Act. Government expenditures on
education and youth comprise 14 percent of the budget, exclusive of debt
servicing. The JCHR has noted instances where children who have been in
prolonged detention by the security forces have left school permanently
because they find it difficult to catch up with the work.
People With Disabilities
No laws mandate accessibility for people with disabilities. Several
government agencies and nongovernmental organizations provide services
and employment to various groups of disabled Jamaicans.
Section 6 Worker Rights
a. The Right of Association
The law provides for the right to form or join a trade union, and unions
function freely and independently of the Government. The Labor
Relations and Industrial Disputes Act (LRIDA) defines worker rights.
There is a spectrum of national unions, some of which are affiliated
with political parties. Approximately 15 percent of the work force are
members of labor organizations.
The LRIDA neither authorizes nor prohibits the right to strike, but
strikes do occur. Workers can interrupt work to strike 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 the International Labor Organization (ILO) has repeatedly
condemned as overly inclusive. The Government did not declare any
strikes illegal in 1995.
Jamaican unions maintain a wide variety of regional and international
affiliations.
b. The Right to Organize and Bargain Collectively
The Government rarely interferes with union organizing efforts.
Judicial and police authorities effectively enforce the LRIDA and other
labor regulations. All parties in Jamaica are firmly committed to
collective bargaining in contract negotiations, even in some nonunion
settings. An independent Industrial Disputes Tribunal (IDT) hears cases
when management and labor fail to reach agreement. Any cases not
resolved by the IDT pass to the civil courts. The IDT was not able to
resolve the large number of disputes before it in 1995. LRIDA prohibits
antiunion discrimination. For example, employers may not fire workers
solely for union membership. The authorities enforced this law
effectively.
Domestic labor laws apply equally to the "free zones" (export processing
zones). However, there are no unionized companies in any of the 3
zones, which employ approximately 18,000 workers. Organizers attribute
this to resistance by foreign owners in the zones to organizing efforts.
Attempts to organize plants within the zones continue. Company-
controlled "workers' councils" handle grievance resolution at most free
zone companies but do not negotiate wages or conditions with management.
Management determines wages and benefits within the free zones; they are
generally as good as, or better than, those in similar industries
outside the zones. The Ministry of Labor has not performed factory
inspections in the free zones since 1992.
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 were no reports that this
practice exists.
d. Minimum Age for Employment of Children
The Juvenile Act provides that children under the age of 12 years 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 peddle goods and
services on city streets, but there is no evidence of widespread illegal
employment of children in other sectors of the economy. The Educational
Act stipulates that all children between 6 and 11 years of age must
attend elementary school. Industrial safety, police, and truant
officers are charged with enforcement. Under current economic
circumstances, however, thousands of parents keep children at home to
help with housework and avoid school fees. A 1994 report by the U.N.
Children's Fund stated that 4.6 percent of Jamaican children (below the
age of 16 years) worked to contribute to the support of their
households.
e. Acceptable Conditions of Work
The minimum wage, which went from $9.00 (j$ 300) to $15.00 (j$ 500) per
week in July 1994, is widely considered inadequate. Most salaried
workers earn more than the legal minimum. Work over 40 hours per week
or 8 hours per day must be compensated at overtime rates, a provision
that is widely observed.
The Labor Ministry's Industrial Safety Division oversees the setting and
enforcing of industrial health and safely standards, which are
considered adequate. Industrial accident rates, particularly in the
alumina and bauxite industry, were once again low. Public service staff
reductions in the Ministries of Labor, Finance, National Security, and
the Public Service have contributed to the difficulties in enforcing
workplace regulations. The law provides workers 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. The law does not specifically protect other categories
of workers in those circumstances.
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