| For a summary of Jamaica’s review at the first cycle please click here. |
22nd UPR session
Date of review: 13 May 2015
Date of report adoption: 20 July 2015
Document number: A/HRC/30/15
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SUMMARY SOGIESC issues during Jamaica’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
12. IACHR reported that discrimination based on sexual orientation, gender identity, and gender expression was widespread throughout Jamaica, and that discrimination against LGBTI communities was entrenched in state institutions. It asserted that LGBTI communities faced political and legal stigmatization, police violence and inability to access the justice system. JS2 recommended that Jamaica implements a national plan to provide training and sensitization on human rights issues, including LGBT rights, to judiciary, law enforcement officers and police in order to eradicate homophobia, discrimination and violence in these institutions. JS2 also recommended that Jamaica implements awareness raising campaigns to promote the full inclusion of LGBT people in society.
13. AI stated that LGBTI organizations reported attacks, harassment and threats against individuals based on their real or perceived sexual orientation. ISHR recommended that Jamaica legalise the defence of the rights of the LGBTI population and criminalise discrimination on the basis of sexual orientation and gender identity. J-FLAG-SRI (JS2) recommended that Jamaica enact anti-hate crime legislation, establish anti-discrimination measures through specifically assigned and mandated offices, and provide for speedy and effective criminal, administrative and civil remedies.
14. CHRI expressed disappointment that the Jamaican Government’s new Human Rights Charter failed to incorporate the right to non-discrimination on grounds of sexual orientation and gender identity and JFLAG asserted that this Charter did not offer protection on the basis of one’s sexual orientation or gender identity. AI recommended the Charter’s amendment, to prevent discrimination on the basis of one’s sexual orientation, gender identity, gender expression, or any other relevant trepidation.
15. JFLAG noted that during the UPR in January 2011, Jamaica received several recommendations regarding the need to repeal or make amendments to all provisions of the law that criminalize same-sex activities between consenting adults and that these recommendations did not enjoy support from Jamaica. CHRI stated that retaining provisions that criminalise consensual same-sex relationships was incompatible with Jamaica’s human rights obligations, entrenched homophobia and reinforced stigma and prejudice based on sexual orientation. AI affirmed that these laws breached the right to privacy and JS2 recommended that Jamaica decriminalizes these activities. In October 2014, AI reported that in 2013 the Government announced that a “conscience vote” by MPs on legislation criminalizing consensual same sex relations would be held before April 2014 but that the vote, however, had not taken place.
Right to life, liberty and security of the person
37. ISHR stated that human rights defenders often did not have the protection of the Jamaican Police Federation as they were labelled ‘agents of provocation’ who falsely accuse the police and the state.98 ISHR reported that Jamaica rejected one recommendation concerning human rights defenders (HRDs) in its first UPR. It asserted that defenders of the rights of LGBTI people have been murdered, beaten and threatened and that impunity for these crimes remains common, as they are often perceived as transgressors of social and cultural values.
Administration of justice, including impunity
39. IACHR stated that justice in Jamaica was administered with one standard for the rich and another for the poor, and asserted that there was a link between the denial of justice, poverty and discrimination. IACHR was troubled by severe delays in the criminal justice, and stated that access to remedy was neither simple nor prompt. JS2 recommended that Jamaica amends its legal system to guarantee every citizen, and particularly LGBT people, access to justice, inter alia, by strengthening judicial capacity and infrastructure. IACHR expressed it was troubled by the lack of state-provided legal assistance and legal aid.
48. IACHR asserted that because of risk of police abuse, lack of accountability, and subsequent community threat after exposure, LGBTI individuals were afraid to report incidents of violence and discrimination to the police and were denied access to justice. JFLAG urged Jamaica to implement mechanisms to improve access to justice for LGBT citizens.
Right to health
58. IACHR was deeply concerned that violence and discrimination against the LGBTI community was a substantial factor contributing to the HIV/AIDS epidemic in Jamaica and stated that HIV infected individuals were reportedly denied equal access to healthcare due to discrimination based on their medical status. IACHR was further concerned that laws criminalizing sex between men or homosexual conduct had a direct effect on infection rates.
59. JS2 outlined the initiatives taken by the Ministry of Health through the National HIV Programme and National Family Planning Board (NFPB), to build the capacity of public health workers and promote the right to health. JS2 recommended that Jamaica, inter alia, develops nation-wide health policies to attend the needs and requirements of LGBT people and provides HIV, sexual and reproductive health services to LGBT people with the same range of quality and accessibility as the rest of the population.
II. Excerpts on SOGIESC issues from the national report
63. The JCF’s Diversity Policy, implemented in 25th August 2011, aims to eliminate all forms of discrimination and inequitable treatment toward members of the public, and guides members of the police force in their professional dealings with persons of particular groups, including lesbians, gays, bisexuals and transgender persons (LGBTs). The objectives of the Policy include: • Fostering public confidence by demonstrating fairness, integrity, tolerance and understanding in dealing with all sections of the community; • Demonstration of commitment, value and support to every individual by seeking to eliminate all forms of harassment and unfair bias; • Providing the necessary support and referral to victims of crime and violence, regardless of the affiliation (individual or group) of the complainant; • Elimination of fear of individuals from diverse groups of reporting crime and violence; • Ensuring the provision of high quality, professional policing services to ALL members of the public.
64. There is also ongoing dialogue involving the Police and members of the LGBT community.
Sexual orientation (Recommendation 99.34)
103. The Government is committed to the equal and fair treatment of its citizens, and affirms that any individual whose rights are alleged to have been infringed has a right to seek redress. There is no legal discrimination against persons on the grounds of their sexual orientation. The Government of Jamaica is opposed to discrimination or violence against persons, whatever their sexual orientation.
104. In relation to discrimination on the basis of access to HIV/AIDS treatment, the Enabling Environment and Human Rights component of the National HIV/STI Programme seeks to strengthen the legislative, policy and advocacy environments of the national response through the development and/or amendment of laws and policies and supporting structures. The aim is to reduce the risk of HIV infections and to ensure that persons living with and affected by HIV can access treatment, care and support services without fear of stigma or discrimination. A Declaration of Commitment (signed on 29th April 2011 by the then Prime Minister, Honourable Bruce Golding and the then leader of the Opposition, the Most Honourable Portia Simpson Miller) gave impetus to the fight to eliminate stigma and discrimination and gender inequality affecting the HIV response in Jamaica.
105. The revised behaviour change communication (BCC) strategy of the Government also provides the framework for prevention interventions which focus on providing a comprehensive prevention package for vulnerable populations, including men who have sex with men.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
20. HR Committee regretted that the right to freedom from discrimination had failed to prohibit discrimination on grounds of sexual orientation and gender identity and recommended that Jamaica should amend its laws with a view to prohibiting discrimination on the basis of sex, sexual orientation and gender identity. It also recommended that Jamaica should decriminalize sexual relations between consenting adults of the same sex, and put an end to prejudices and social stigmatization of homosexuality. UNCT affirmed that criminalization of private, consensual same-sex sexual acts perpetuated homophobia and made HIV-prevention messaging difficult.
IV. References to SOGIESC issues during the Working Group review
35. A national policy and plan of action on international migration and development had been adopted. The Constitution guaranteed basic human rights to all Jamaicans and prohibited discrimination on the basis of sex or gender. In order to create greater understanding of the concerns of the lesbian, gay, bisexual and transgender community, several initiatives had been put in place. The Jamaica Constabulary Force had already established a clear policy of engagement with the that community, including human rights training and awareness-raising. Its diversity policy included objectives such as fostering public confidence by demonstrating fairness, integrity, tolerance and understanding, providing the necessary support to victims and eliminating fear of reporting crime and violence.
39. Sweden asserted that, according to reports, hostility and violence perpetrated against Jamaicans who are either lesbian, gay, bisexual or transgender is widespread, and that despite the fact that more of these persons were reporting acts of violence and discrimination to the police, many incidents remained unreported.
46. France deplored the persistence of discrimination and violence against lesbian, gay, bisexual and transgender persons.
61. Jamaica thanked countries for their recognition of the progress Jamaica had made in the area of human rights and noted the observations and recommendations made. The delegation recalled that many of the questions raised had already been addressed in its report and in the statement, specifically those regarding the Convention against Torture, the death penalty, the use of force by police, the visits by the special procedures, the Optional Protocol to the Convention on the Rights of Persons with Disabilities and the lesbian, gay, bisexual, transsexual and intersex community.
75. The United States of America remained concerned about the involvement of government security forces in unlawful killings, laws prohibiting consensual same-sexual conduct, and violence and discrimination against the lesbian, gay, bisexual and transsexual community […].
76. Germany remained concerned over the continued violence against women and lesbian, gay, bisexual and transsexual persons and the lack of investigations in cases of alleged extrajudicial killings […]
87. Brazil stressed that more attention should be given to the rights of women, children, the lesbian, gay, bisexual and transsexual community and persons living with HIV/AIDS. It welcomed the legislative measures to eliminate discrimination against women.
88. Montenegro […] asked about activities taken to strengthen the legislation framework and implementation of policies and programmes in the field of gender equality and the fight against homophobia and discrimination based on sexual orientation and gender identity.
91. The Netherlands welcomed the Charter of Fundamental Rights and Freedoms, the Sexual Offences Act and the Child Pornography Act. It expressed concern about the violence against lesbian, gay, bisexual and transsexual persons and the abstention from signing the Rome Statute.
111. Slovenia […] was concerned about the widespread genderbased violence and the high rate of crime and violence, including killings of children; and discrimination and violence against lesbian, gay, bisexual, transsexual and intersex persons.
113. Spain […] was concerned about violence against children and girls; detention conditions, particularly of juveniles; abuses by police officers; and attacks against lesbian, gay, bisexual, transsexual and intersex persons.
V. Conclusions and/or recommendations
Jamaica accepted the following recommendations:
119.20 Take effective measures to investigate and prosecute all incidents and acts of violence targeting individuals based on sexual orientation (Canada);
119.21 Step up its efforts to protect all citizens from violence and discrimination, including lesbian, gay, bisexual and transgender persons (Netherlands).
Jamaica noted the following recommendations:
121.20 Implement measures to recognize and protect human rights defenders, including those defending the rights of the lesbian, gay, bisexual, transsexual and intersex population (Germany);
121.27 Repeal the legal provisions making same-sex intimacy among men described as “gross indecency and buggery”-illegal (Sweden);
121.28 Introduction and implementation of fully comprehensive antidiscrimination legislation to include sexual orientation and gender (United Kingdom of Great Britain and Northern Ireland);
121.29 Take measures to reduce violence against lesbian, gay, bisexual, transsexual and intersex persons, with a view to reducing homophobic prejudices of the Jamaican society and facilitate their access to all services (Uruguay);
121.30 In line with the Human Rights Committee, decriminalize consensual same-sex sexual relations between adults and put an end to prejudices and social stigmatization of homosexuality (Argentina);
121.31 Legally prohibit discrimination on the grounds of sex, sexual orientation and gender identity and punish acts of violence that affect lesbian, gay, bisexual, transsexual and intersex persons (Chile);
121.32 Decriminalize consensual same-sex sexual conduct between adults (United States of America);
121.33 Decriminalize sexual relations between consenting adults of the same sex and put an end to prejudices and social stigmatization of homosexuality (Germany);
121.34 Strengthen the legal framework to combat discrimination on the basis of sexual orientation (Italy);
121.35 Prohibit discrimination on the basis of sex, sexual orientation and gender identity. Such measures would be of great importance to the fight against homophobia as well as for the progress in combating HIV/AIDS in the country (Brazil);
121.36 Amend its laws with a view to prohibiting discrimination on the basis of sex, sexual orientation and gender identity (Montenegro);
121.37 Amend the Charter of Fundamental Rights and Freedoms to include sexual orientation and gender identity and expression as a protected category (Norway);
121.38 Decriminalize sexual activity between consenting adults of the same sex, and address hate crimes on the grounds of sexual orientation and gender identity, as matter of urgency, as previously recommended (Slovenia);
121.39 Repeal laws that criminalize sexual activity between consenting adults of the same sex (Slovenia);
121.40 Take measures to eliminate the discrimination and stigmatization against lesbian, gay, bisexual, transsexual and intersex persons (Slovenia);
121.41 Adopt effective measures to eradicate violence against the lesbian, gay, bisexual, transsexual and intersex group, as well as the inclusion within the Charter of Rights adopted in 2011 of a provision for no discrimination on grounds of sexual orientation (Spain).
VI. Further information
You will find all documents relating to Jamaica’s second review at UPR-Info and OHCHR’s websites.