Jamaica: Background Information, Including Actors of Protection, and Internal Relocation

Country Policy and Information Note
Jamaica: Background information,

including actors of protection, and
internal relocation
Version 2.0
March 2018
Preface
This note provides country of origin information (COI) and policy guidance to Home
Office decision makers on handling particular types of protection and human rights
claims. This includes whether claims are likely to justify the granting of asylum,
humanitarian protection or discretionary leave and whether – in the event of a claim
being refused – it is likely to be certifiable as ‘clearly unfounded’ under s94 of the
Nationality, Immigration and Asylum Act 2002.
Decision makers must consider claims on an individual basis, taking into account the
case specific facts and all relevant evidence, including: the policy guidance
contained with this note; the available COI; any applicable caselaw; and the Home
Office casework guidance in relation to relevant policies.
Country information
COI in this note has been researched in accordance with principles set out in the
Common EU [European Union] Guidelines for Processing Country of Origin
Information (COI) and the European Asylum Support Office’s research guidelines,
Country of Origin Information report methodology, namely taking into account its
relevance, reliability, accuracy, objectivity, currency, transparency and traceability.
All information is carefully selected from generally reliable, publicly accessible
sources or is information that can be made publicly available. Full publication details
of supporting documentation are provided in footnotes. Multiple sourcing is normally
used to ensure that the information is accurate, balanced and corroborated, and that
a comprehensive and up-to-date picture at the time of publication is provided.
Information is compared and contrasted, whenever possible, to provide a range of
views and opinions. The inclusion of a source is not an endorsement of it or any
views expressed.
Feedback
Our goal is to continuously improve our material. Therefore, if you would like to
comment on this note, please email the Country Policy and Information Team.
Independent Advisory Group on Country Information
The Independent Advisory Group on Country Information (IAGCI) was set up in
March 2009 by the Independent Chief Inspector of Borders and Immigration to make
recommendations to him about the content of the Home Office’s COI material. The
IAGCI welcomes feedback on the Home Office’s COI material. It is not the function
of the IAGCI to endorse any Home Office material, procedures or policy. IAGCI may
be contacted at:
Independent Chief Inspector of Borders and Immigration,
5th Floor, Globe House, 89 Eccleston Square, London, SW1V 1PN.
Email: [email protected]
Information about the IAGCI’s work and a list of the COI documents which have
been reviewed by the IAGCI can be found on the Independent Chief Inspector’s
website at http://icinspector.independent.gov.uk/country-information-reviews/
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Contents
Policy guidance ........................................................................................................ 5
1. Introduction ...................................................................................................... 5
1.1 Basis of claim ........................................................................................... 5
2. Consideration of issues ................................................................................... 5
2.1 Credibility.................................................................................................. 5
2.2 Protection ................................................................................................. 5
2.3 Internal relocation ..................................................................................... 6
Country information ................................................................................................. 8
3. History ............................................................................................................. 8
4. Geography ....................................................................................................... 8
4.1 Physical geography .................................................................................. 8
4.2 Human geography .................................................................................... 9
5. Economy .......................................................................................................... 9
5.1 Overview .................................................................................................. 9
5.2 Government social support..................................................................... 10
6. Political system .............................................................................................. 11
6.1 Constitution ............................................................................................ 11
6.2 Political parties ....................................................................................... 11
6.3 Electoral process .................................................................................... 11
6.4 Government............................................................................................ 12
7. Security apparatus ......................................................................................... 12
7.1 Government strategies for managing crime............................................ 12
7.2 Police...................................................................................................... 13
7.3 The Island Special Constabulary Force .................................................. 14
7.4 The Centre for the Investigation and Sexual Offences and Child Abuse 15
7.5 The Crime Prevention Community Safety and Security Branch ............. 16
7.6 Police abuse ........................................................................................... 16
7.7 Effectiveness .......................................................................................... 17
7.8 Community policing ................................................................................ 19
7.9 Crime rates ............................................................................................. 20
7.10 Corruption............................................................................................... 22
7.11 Impunity .................................................................................................. 23
7.12 Police oversight ...................................................................................... 24
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8. Judiciary ........................................................................................................ 24
8.1 Legal system .......................................................................................... 24
8.2 Court system .......................................................................................... 25
8.3 Effectiveness .......................................................................................... 26
8.4 Trial procedures ..................................................................................... 28
8.5 Corruption............................................................................................... 29
9. Media and the internet ................................................................................... 30
10. Corruption ...................................................................................................... 30
11. Women .......................................................................................................... 31
12. Children ......................................................................................................... 31
12.1 Overview ................................................................................................ 31
12.2 Child labour ............................................................................................ 32
12.3 Primary education .................................................................................. 33
12.4 Secondary education .............................................................................. 33
12.5 Vocational education .............................................................................. 33
12.6 Tertiary education ................................................................................... 34
13. Citizenship and nationality ............................................................................. 34
13.1 Citizenship .............................................................................................. 34
14. Freedom of movement ................................................................................... 35
15. Official documents ......................................................................................... 35
15.1 National Identification System (NIDS) .................................................... 35
Version control ....................................................................................................... 37
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Policy guidance
Updated: 2 March 2018
1. Introduction
1.1 Basis of claim
1.1.1 Whether in general those at risk of persecution or serious harm from non-
state actors are able to seek effective state protection and/or internally
relocate within Jamaica.
Back to Contents
2. Consideration of issues
2.1 Credibility
2.1.1 For information on assessing credibility, see the Asylum Instruction on
Assessing Credibility and Refugee Status.
2.1.2 Decision makers must also check if there has been a previous application for
a UK visa or another form of leave. Asylum applications matched to visas
should be investigated prior to the asylum interview (see the Asylum
Instruction on Visa Matches, Asylum Claims from UK Visa Applicants).
2.1.3 Decision makers should also consider the need to conduct language analysis
testing (see the Asylum Instruction on Language Analysis).
Back to Contents
2.2 Protection
2.2.1 The Jamaica Constabulary Force (JCF) has primary responsibility for internal
security in Jamaica, but its effectiveness is undermined by being underpaid,
poorly trained, understaffed and lacking in resources generally. While local
police assistance is available throughout the country, and the police continue
make arrests for criminal acts, they are unable to patrol and protect all
neighbourhoods. In addition, corruption and impunity for abuses committed by
the police has led to mistrust amongst citizens (see Security apparatus,
Police; and Effectiveness).
2.2.2 Since 2009, the government has committed to a long-term strategy to improve
crime prevention and community safety, leading to better co-ordination of the
work of government and other bodies (see Government strategies for
managing crime).
2.2.3 This has led to some reforms of the police, including the introduction of
socially centred programmes, community policing, neighbourhood watch and
police run youth clubs. The numbers of police personnel have increased from
the late 2000s, and crime rates, particularly of violent crime including murder,
have generally fallen since 2009 but has fluctuated in 2015-16. There are also
signs that the Anti-Corruption Branch merged with a newly created Major
Organized Crime and Anti-Corruption Agency has made progress in
combating corruption and unethical behaviour in the police, with over 500
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officers resigning or being dismissed following corruption violations (see
Security apparatus, Corruption).
2.2.4 Avenues of redress exist for those who make complaints against the police.
The Independent Commission of Investigations (INDECOM) undertakes
investigations concerning actions by members of the security forces and other
agents of the state that result in death or injury to persons or the abuse of the
rights of persons. In recent years, INDECOM has intensified its efforts to hold
police accountable for their actions (see Avenues of redress).
2.2.5 The law provides for an independent judiciary and Jamaica has an
established legal system, including prosecution, courts, sentencing and
imprisonment. However, the system’s effectiveness is hampered by a large
backlog of cases, underfunding, lack of witness co-operation, shortage of
judges and corruption. As a result, there are significant delays in processing
cases. Some convictions rates, for example for murder, are low (see
Judiciary).
2.2.6 In the country guidance case of AB (Protection-criminal gangs-internal
relocation) Jamaica CG [2007] UKAIT 00018 (heard on 19 December 2006
and promulgated on 22 February 2007) the Tribunal, before going on to
consider whether the Jamaican authorities can protect persons who face a
real risk in the form of targeting by criminal gangs, considered whether more
generally the authorities are willing and able to provide effective protection
and found that there is in general a sufficiency of state protection in Jamaica
(see para 150).
2.2.7 In doing so, the Tribunal reconfirmed the guidance given in JS (Victims of
gang violence, Sufficiency of protection) Jamaica [2006] UKAIT 00057 (21
July 2006) (heard on 20 February and 8 May 2006) which found that ‘There is
clear evidence that in general the Government of Jamaica is not only willing,
but also able to provide through its legal system a reasonable level of
protection from ill-treatment to its citizens who fear criminal acts in Jamaica
and to those who fear retribution for testifying against criminals.’
2.2.8 While there are weaknesses in the criminal justice system, in particular the
sluggish court system, the government has instituted a number reforms since
2006/7 which have led to some improvements in security and the availability
of state protection.
2.2.9 The Home Office does not consider that there are very strong grounds
supported by cogent evidence to depart from the findings in AB or JS.
2.2.10 In general, a person fearing non-state agents (including rogue state officials)
is likely to be able to obtain effective state protection. The onus is on the
person to demonstrate otherwise. Each case must be determined on its facts.
2.2.11 For further guidance on protection see Asylum Instructions on Assessing
Credibility and Refugee Status and Gender Issues in the Asylum Claim.
2.2.12 For information in the context of organised crime, see CPIN on Jamaica: Fear
of Organised Criminal Gangs,
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2.3 Internal relocation
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2.3.1 The law provides for freedom of internal movement and the government
respects these rights (see Freedom of movement).
2.3.2 Where a person fears a non-state actor they may be able to avoid this by
moving elsewhere but only if the risk is not present there and if it would not be
unreasonable to expect them to do so.
2.3.3 Jamaica is a relatively small island of around 4,000 sq. miles and a population
of 2.9 million, around a fifth of whom live in the capital, Kingston (see
Geography). This increases the possibility of a persecutor, if so motivated,
being able to pursue the person and limits the scope for internal relocation.
2.3.4 In general, internal relocation may be reasonable but will depend the facts of
the case.
2.3.5 For further guidance on internal relocation, see Asylum Instructions on
Assessing Credibility and Refugee Status and Gender Issues in the Asylum
Claim.
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Country information
Updated: 2 March 2018
3. History
3.1.1 Encyclopaedia Britannica, in its article on Jamaica stated that:
‘Jamaica [is an] island country of the West Indies…Christopher Columbus,
who first sighted the island in 1494, called it Santiago, but the original
indigenous name of Jamaica, or Xaymaca, has persisted. Columbus
considered it to be “the fairest isle that eyes have beheld,” and many travellers
still regard it as one of the most beautiful islands in the Caribbean.
‘The island’s various Spanish, French and English place-names are remnants
of its colonial history; the great majority of its people are of African ancestry,
the descendants of slaves brought by European colonists. Jamaica became
independent from the United Kingdom in 1962 but remains a member of the
Commonwealth.’ 1
3.1.2 An overview and timeline of Jamaica’s history can be found on the BBC
website 2 3.
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4. Geography
4.1 Physical geography
4.1.1 Jamaica is the third largest island in the Caribbean Sea. It is about 146 miles
(235km) long and ranges from 22 to 51 miles (35 to 82km) wide, with a total
land area of 10,831 sq.km (4,182 miles square), about half the size of Wales4.
4.1.2 According to World Atlas, in its article on Jamaica – Geography:
‘…[Jamaica is] mostly mountainous, with a narrow, discontinuous coastal
plain. The island is ringed by numerous bays, small cays and islands, and
white-sand beaches stretch for miles in some areas. Volcanic in origin,
Jamaica can be divided into three landform regions: the eastern mountains,
the central valleys and plateaus, and the coastal plains.
‘The most elevated area is the Blue Mountains in eastern Jamaica. The
highest point is Blue Mountain Peak at 7,402 feet... Other mountain ranges of
note include the John Crow, Dry Harbour and the southern Manchester
Plateau. The limestone plateau covers two-thirds of Jamaica, and their caves,
caverns, sinkholes and valleys and scattered about in large numbers.
‘To the west of the mountains is the rugged terrain of the Cockpit Country. It is
1
Encyclopaedia Britannia, ‘Jamaica’ (Introductions and Quick Facts), Updated 11 January 2018,
https://www.britannica.com/place/Jamaica Accessed: 22 November 2017
2
BBC News, ‘Jamaica – Country Profile’ 4 July 2017, http://www.bbc.co.uk/news/world-latin-america-
18784061 Accessed: 22 November 2017
3 BBC News, ‘Jamaica – Profile – Timeline’ 4 July 2017, http://www.bbc.co.uk/news/world-latin-
america-18784730 Accessed: 22 November 2017
4
CIA World Factbook, ‘Jamaica’ (Geography), 14 November 2017,
https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html Accessed: 22 November 2017
Page 8 of 37
a harsh, dramatic landscape filled with endless hills. As for rivers, there are
over 100 in Jamaica, however, most are small, unexplored and not navigable;
many are mostly underground rivers and run through the limestone region.
The Black River is the largest (widest) river at 73 km long. The Rio Minho is
the longest river in Jamaica.’ 5
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4.2 Human geography
4.2.1 The island is divided into 3 counties: Cornwall, Middlesex and Surrey. The
counties are subdivided into 14 parishes. Each parish has a capital, which is
typically the centre of commerce. Two parish capitals, Montego Bay in St.
James and Kingston, have city status. Kingston, located on the island’s
southeast end, is Jamaica’s capital6.
4.2.2 The population of is estimated to be about 2.9 million, with around 588,000
living in Kingston. About 92% of the population is black and 6% is mixed.
Other ethnic groups include East Indians (0.8%), other (0.4%), unspecified
(0.7%)7.
4.2.3 According to Encyclopaedia Britannia: ‘English, the official language, is
commonly used in towns and among the more-privileged social classes.
Jamaican Creole is also widely spoken. Its vocabulary and grammar are
based in English, but its various dialects derive vocabulary and phrasing from
West African languages, Spanish, and, to a lesser degree, French. The
grammatical structure, lyrical cadences, intonations, and pronunciations of
Creole make it a distinct language.’ 8
4.2.4 This map of Jamaica shows major cities, towns, country capital and country
boundary9.
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5. Economy
5.1 Overview
5.1.1 The World Bank Overview of Jamaica, last updated on 29 September 2017
noted that:
‘…Jamaica is vulnerable to natural disasters including hurricanes, flooding
and the effects of climate change. It is an upper middle income country but
struggles with low growth, high public debt and many external shocks which
weaken its economy. Over the last 30 years, real per capita GDP increased at
5
World Atlas, ‘Jamaica - Geography’ Undated,
http://www.worldatlas.com/webimage/countrys/namerica/caribb/jamaica/jmland.htm Accessed: 22
November 2017
6 Jamaica Information Service, Government of Jamaica, ‘Overview of Jamaica, Parish Profiles’
http://jis.gov.jm/information/parish-profiles/ Accessed: 2 January 2018
7 CIA, ‘World Factbook – Jamaica’ (Ethnic Groups), Updated 17 January 2018,
https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html Accessed: 29 December 2017

8
Encyclopaedia Britannia, ‘Jamaica’ (People, Languages), 11 January 2018,
https://www.britannica.com/place/Jamaica Accessed: 11 January 2018
9 Maps of World, Jamaica Cities Map, https://www.mapsofworld.com/jamaica/cities-map.html
Accessed: 8 February 2018
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an average of just one percent per year, making Jamaica one of the slowest
growing developing countries in the world. By 2012 Jamaica had accumulated
debt equal to 145 percent of GDP.
‘To stabilize the economy, reduce debt and fuel growth, the government is
implementing an ambitious reform program which has garnered national and
international support. As part of a comprehensive package, the World Bank
and the Inter-American Development Bank each agreed to provide US$510
million between April 2013 and March 2017, while the International Monetary
Fund (IMF) committed a US$932 million funding program through its
Extended Fund Facility (EFF) covering the same four-year period. At the end
of 2016, the IMF approved a three-year US$1.64 billion program under the
Stand-By Arrangement as a follow-up to the now concluded EFF. In addition,
the International Finance Corporation (IFC) continues to support private sector
development in Jamaica.’ 10
5.1.2 The CIA Factbook observed:
‘The Jamaican economy is heavily dependent on services, which accounts for
more than 70% of GDP. The country continues to derive most of its foreign
exchange from tourism, remittances, and bauxite/alumina. Earnings from
remittances and tourism each account for about 15% of GDP, while
bauxite/alumina exports have declined to less than 5% of GDP.
‘Jamaica's economy has grown on average less than 1% a year for the last
three decades and many impediments remain to growth: a bloated public
sector which crowds out spending on important projects; high crime and
corruption; red-tape; and a high debt-to-GDP ratio.’ 11
5.1.3 Unemployment was estimated to be around 12.2% of the workforce in 2017.
Average Gross Domestic Product (which provides an approximation of
income) per person was estimated to be US$9,200 in 2017 at purchasing
power parity (i.e. the value of the same goods and services if produced in the
USA). Around 16.5% of the population lived below the poverty line in 2009. 12
5.1.4 The Jamaican Dollar Exchange Rate for 2 February 2018 is $171.69 to £1.
Please see European Commission Inforeuro Currency Converter 13.
Back to Contents
5.2 Government social support
5.2.1 The US Social Security Office of Retirement and Disability Policy provides a
summary of Social Security Programs available in Jamaica. 14
10 World Bank, ‘Jamaica Overview’ 29 September 2017,

http://www.worldbank.org/en/country/jamaica/overview Accessed: 22 November 2017
11 CIA, ‘World Factbook – Jamaica’, 20 January 2018, https://www.cia.gov/library/publications/the-
world-factbook/geos/jm.html Accessed: 24 January 2018.

12 CIA, ‘World Factbook – Jamaica’, 20 January 2018, https://www.cia.gov/library/publications/the-
world-factbook/geos/jm.html Accessed: 24 January 2018

13 European Commission Infoeuro Currency Converter,
http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/index_en.cfm Accessed: 8
February 2018
14 US Social Security Office of Retirement and Disability Policy, Jamaica,
https://www.ssa.gov/policy/docs/progdesc/ssptw/2014-2015/americas/jamaica.html Accessed: 8
Page 10 of 37
Back to Contents
6. Political system
6.1 Constitution
6.1.1 See Constitution of Jamaica 15.
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6.2 Political parties
6.2.1 Encyclopaedia Britannia explained that:
‘The two main political parties are the Jamaica Labour Party (JLP) and the
People’s National Party (PNP), and between them they have dominated
legislative elections since the country’s independence, to the virtual exclusion
of any third party. The adversarial nature of Jamaican politics conceals broad
agreement on constitutionalism, public education, and social welfare.
‘The PNP, founded in 1938 as a democratic socialist party, leans more to the
left than the more centrist and conservative JLP. Ethnic minorities (such as
the descendants of Indian and Chinese immigrants) have participated in
politics at the highest levels. Women have served with distinction in the House
of Representatives (HoR), Senate, and Cabinet, although men still
predominate numerically. In 2006 Portia Simpson Miller became the first
female President of the PNP and the first woman to serve as Prime Minister.’
16
Back to Contents
6.3 Electoral process
6.3.1 Freedom in the World 2016, published in August 2016, noted that:
‘…The leader of the party or coalition holding a majority in the HoR is
appointed as Prime Minister by the Governor General, who represents the
British Monarch as Head of State. The Governor General is nominated by the
Prime Minister and approved by the Monarch.
‘In September 2011, JLP Leader and Prime Minister Bruce Golding abruptly
announced his resignation, a move widely interpreted to have [arose] from his
involvement with alleged drug trafficker Christopher "Dudus" Coke, which had
caused Golding to lose support within his own party and among the
electorate.
‘The following month, the JLP elected Minister of Education Andrew Holness
to become Golding's successor as Party Leader and Prime Minister. Holness
called for early general elections at the end of the year. In December 2011
elections, the PNP captured 41 seats in Parliament, while the JLP took only
22 seats. PNP chief Portia Simpson-Miller became Prime Minister in January
February 2018
15 The Jamaica Constitution Order in Council 1962, http://www.refworld.org/docid/3ae6b4ed28.html
Accessed: 8 February 2018

16 Encyclopaedia Britannia, ‘Jamaica’ Government and Society, Undated,
https://www.britannica.com/place/Jamaica/Government-and-society Accessed: 29 December 2017
Page 11 of 37
2012; she had previously held the position in 2006 and 2007.’ 17
6.3.2 Freedom in the World 2017, published in September 2017, considered that
‘Jamaica’s political institutions are democratic, with competitive elections and
orderly rotations of power.’ It went on to state that: ‘…The JLP won a narrow
victory in the February [2016] legislative elections, pushing the incumbent
PNP into opposition. Monitors deemed the elections competitive and credible,
but noted some instances of election-related violence…JLP leader Andrew
Holness was sworn in as the new Prime Minister in March 2016.’ 18
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6.4 Government
6.4.1 According to the webpage of the Government of Jamaica:
‘Under the Jamaica (Constitution) Order in Council of 1962, by which the
island achieved independence from the United Kingdom, Jamaica is a
constitutional monarchy with a parliamentary system of government. Citizens
at least 18 years of age are eligible to vote. Jamaica has had universal
suffrage since 1944.
‘The Prime Minister, who is head of government, is appointed by the leading
political party from its parliamentary members. The British monarch, who is
titular head of state, follows the Prime Minister’s recommendation in
appointing a Jamaican Governor-General who has largely ceremonial powers.
The principal policy-making body is the cabinet, which consists of the Prime
Minister and at least 11 other Ministers.
‘The bicameral parliament consists of the HoR and the Senate. The House
has 63 members, who are directly elected. The Speaker and deputy Speaker
are elected by the House from its members. The Senate has 21 members,
who are appointed by the Governor-General—13 in accordance with the
advice of the Prime Minister and eight on the advice of the leader of the
opposition party. Senators are appointed for the duration of a single
parliamentary term. The President and deputy President of the Senate are
elected by its members. General elections must be held at least once every
five years, and the governing party may choose to hold early elections.’ 19
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7. Security apparatus
7.1 Government strategies for managing crime
7.1.1 A report by the Inter-American Development Bank of June 2016, based
largely on a review of available academic and official literature on crime and
violence in Jamaica, observed:
‘Jamaica’s Vision 2030 National Development Plan (passed in 2009), National
17
Freedom House, ‘Freedom in the World 2016 – Jamaica’ (Political Rights and Civil Liberties)
https://freedomhouse.org/report/freedom-world/2016/jamaica Accessed: 22 November 2017
18
Freedom House, ‘Freedom in the World 2017 – Jamaica’ (Executive Summary) 1 September 2017,
https://freedomhouse.org/report/freedom-world/2017/jamaica Accessed: 22 November 2017
19 Encyclopaedia Britannia, ‘Jamaica’ Government and Society, Undated,
https://www.britannica.com/place/Jamaica/Government-and-society Accessed: 29 December 2017
Page 12 of 37
Crime Prevention and Community Safety Strategy (2010), and Unite for
Change Initiative (2013) constitute an infrastructure with the potential to
integrate and coordinate crime prevention and community safety. The
NCPCSS is a long-term safety plan to chart a new course of action for the
next decade by developing safety and security initiatives and integrating and
co-ordinating the work of government ministries, departments, and agencies
with private sector groups, civil society, and international development
partners to achieve sustainable and coordinated crime and violence reduction
and prevention. The NCPCSS is driven by an action plan that is flexible and
evidence-based.’ 20
‘As part of this restructuring, several secretariats or units with crime and
violence reduction mandates have been created or have merged within or
across partner ministries, departments, and agencies. These initiatives were
undertaken to enhance education and health outcomes, change behavioural
patterns of youth, establish justice reform initiatives, build law enforcement
capacity, dismantle organised criminal groups, and establish oversight
responsibilities to protect the integrity of law enforcement.
‘These measures go beyond government initiatives and reflect the
involvement of other actors. Several ministries and their associated
departments and agencies constitute the core crime prevention and
community safety apparatus for the island...’ 21
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7.2 Police
7.2.1 According to the U.S Department of State 2016 Country Report on Human
Rights published in March 2017:
‘The [Jamaica Constabulary Force] JCF has primary responsibility for internal
security. The Jamaica Defence Force (JDF), including the Coast Guard, has
responsibility for national defence, maritime narcotics interdiction, and JCF
support. The JCF often conducted joint operations with the support of the
JDF, in particular high-crime areas. The Ministry of National Security
exercises the prime minister’s authority for oversight of the JCF and JDF. 22
‘The JCF maintained divisions for community policing, special response,
intelligence gathering, and internal affairs. The Passport, Immigration, and
Citizenship Agency has responsibility for migration. Civilian authorities
maintained effective control over the JCF and JDF. The government made
limited efforts to investigate and punish abuse and corruption in general.
‘The Independent Commission of Investigations (INDECOM) investigates
actions by members of the security forces and other agents of the state that
result in death or injury to persons or the abuse of the rights of persons and,
20 Jamaica’s Vision 2030 National Development Plan, http://www.vision2030.gov.jm/National-

Development-Plan Accessed: 8 February 2018
21 Inter-American Development Bank, ‘Crime and Violence in Jamaica’ (p47-48), June 2016,
https://publications.iadb.org/bitstream/handle/11319/7773/Crime-and-Violence-in-Jamaica-IDB-
Series-on-Crime-and-Violence-in-the-Caribbean.pdf?sequence=4&isAllowed=y. Accessed: 25
January 2018.
22 Jamaica Constabulary Force, https://www.jcf.gov.jm/ Accessed: 8 February 2018
Page 13 of 37
when appropriate, forwards cases to the Director of Public Prosecutions
(DPP) for prosecution.
‘Lengthy trials with numerous delays continued to be a systemic problem (not
confined to cases involving police officers). As of 14 October [2016], the DPP
and INDECOM had 100 active cases of criminal charges against 93
government security officials for their alleged involvement in unlawful killings
or other abuses. On 1 July 2016, a seven-member jury found JCF Constable
Wayne Hamil guilty of wounding with intent for the unlawful shooting of a
civilian in Hanover in 2014’ 23
7.2.2 A report by the Inter-American Development Bank (IADB) of June 2016,
based largely on a review of available academic and official literature on crime
and violence in Jamaica, observed:
‘The JCF has primary responsibilities for law enforcement… In the recent
past, Jamaica had a low force density and a proportionately smaller
percentage of its population employed in public security than many other
Caribbean and Latin American countries. However, from 2009 to 2013 the
government significantly increased police density by 19 percent [to around 1
police office to 200 citizens; based on there being 13,600 police personnel
against a total population for Jamaica of 2.7million].’ 24
7.2.3 The same source noted a rise in police numbers from 11,427 personnel in
2009 to 13,654 in 2013. 25 However, a Canadian Immigration and Refugee
Board response, citing various sources, refers to JCF numbers of between
8,400 and 9,900 in 2011 to approximately 11,000 in 2014. 26 The JCF website
in an entry dated March 2015 stated that there were about 12,000 JCF
members. 27
Back to Contents
7.3 The Island Special Constabulary Force
7.3.1 The IADB report noted that:
‘The Island Special Constabulary Force was merged into the JCF to create a
single command and implementation structure to eliminate duplication in
administrative services, expand the skill set of police personnel, and
23
US Department of State, ‘Country Report on Human Rights Practices’ (Section 1, Role of the Police and
Security Apparatus), 3 March 2017, https://www.state.gov/documents/organization/265810.pdf Accessed:
24 November 2017
24 Inter-American Development Bank, ‘Crime and Violence in Jamaica’ (p49-50), June 2016,
January 2018.
25 Inter-American Development Bank, ‘Crime and Violence in Jamaica’ (p50), June 2016,
January 2018.
26 Canadian Immigration and Refugee Board (CIRB), JAM105038.E. ‘Jamaica: The Jamaica
Constabulary Force (JCF), including effectiveness and government efforts to strengthen the force
(2011-2015)’, 9 February 2015, http://irb-
cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=455717. Accessed: 25 January 2018.
27 Jamaica Constabulary Force, ’About us’, 20 March 2015, https://www.jcf.gov.jm/about-us.
Accessed: 25 January 2018.
Page 14 of 37
rationalize and centralize training. The merger was first recommended by the
Wolfe Report (1991) and subsequently reiterated in five independent
reports.[…] Prior to the merger, each auxiliary force had separate legislative
authority and specific areas of control and geographic areas of responsibility.
‘For more than two decades, national and international organisations such as
Americas Watch (1986) and Amnesty International (2000) have consistently
identified high levels of police brutality and extra-judicial killings in Jamaica.
The UN Special Rapporteur - Mission to Jamaica found evidence of excessive
use of force by the police and also raised concerns about the outcome of the
June 2002 West Kingston Commission of Enquiry (June 2002). Similar
concerns have been raised with respect to law enforcement activities during
the May June 2010 police operations in Tivoli Gardens and the subsequent
state of emergency (Amnesty International 2011).’ 28
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7.4 The Centre for the Investigation and Sexual Offences and Child Abuse
7.4.1 The IADB continued that:
‘Within the JCF organizational structure, the Centre for the Investigation and
Sexual Offences and Child Abuse (CISOCA) has responsibility for gender-
based violence. Established in 1989, CISOCA centralizes police response
and investigation of sexual offences and child abuse. CISOCA aims to create
an atmosphere that encourages victims and the community to report incidents
of sexual offences and child abuse; ensure efficient and effective investigation
into allegations of abuse; enhance the rehabilitation of victims through
counselling and therapy; and conduct public education programmes on sexual
offences and child abuse.
‘The centre operates seven units island-wide and has investigators at different
stations across the 19 police divisions. Local police handle cases where
CISOCA is not present or able to intervene. A multi-disciplinary sexual offence
response team comprised of police officers, social workers, and counsellors
from the Victim Support Unit are tasked with providing appropriate responses
to support victims through the various stages from investigation to conviction
of perpetrators. This includes the provision of adequate legal services.
‘According to the JCF’s 2012 Annual Report, 1,564 cases of sexual offences
and child abuse were reported to CISOCA, and 409 arrests were made that
year. Fifty-one cases were submitted to the Director of Public Prosecution for
rulings, and in six of those cases recommendations were made for the
offender to participate in the Diversion Program. Table 3.2 shows the reports
to CISOCA for 2013.’ 29
January 2018.
January 2018.
Page 15 of 37
Back to Contents
7.5 The Crime Prevention Community Safety and Security Branch
7.5.1 The IADB report also stated:
‘Police-citizen relations, a problem area for the JCF, are handled by the Crime
Prevention Community Safety and Security Branch. This branch subsumed
the role of the defunct Community Relations Branch, which was developed
and mandated to rebrand police partnerships with citizens. It now implements
security and safety strategies developed by several committees, secretariats,
and working groups and works to build safer communities through community
policing and by boosting public confidence, supporting programmes such as
Police Youth Clubs and Neighbourhood Watch, conducting activities such as
school visits, and participating in church services and other community
events. However, police citizen relations are still fraught with difficulties.
Despite recent declines,[…] the number of civilian fatalities remains high, […]
attracting the attention of national, regional, and international human rights
bodies. Police-citizen relations have long been identified as a problem in
Jamaica, thus serious attention should be given to this issue.’ 30
7.5.2 For further background see the JCF website and the Canadian Immigration
and Refugee Board response on the JCF 31 32
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7.6 Police abuse
7.6.1 Amnesty International Report 2016/17 noted that:
‘In June [2016], a Commission of Enquiry published its much-anticipated
report into the events that took place in Western Kingston during the state of
emergency, declared on 23 May 2010, which left at least 69 people dead.
Almost 900 pages long, the report identified a number of cases of possible
extrajudicial execution and produced a number of important recommendations
for police reform.
‘In an official response, the JCF accepted a number of recommendations,
such as committing to hold administrative reviews into the conduct of officers
named in the Commissioners’ report. However, the police continued to refuse
to accept any responsibility for human rights violations or extrajudicial
executions during the state of emergency.
‘By the [2016], the government had still not officially indicated how it would
implement the recommendations of the Commissioners. While the number of
killings by police have significantly reduced in recent years, 111 people were
killed by law enforcement officials in 2016, compared with 101 in 2015.
Women whose relatives were killed by police, and their families, experienced
January 2018.
31 Jamaica Constabulary Force, https://www.jcf.gov.jm/ Accessed: 8 February 2018
32 Canadian Immigration and Refugee Board Response on the JCF, 1 December 2010, http://www.irb-
cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=453251 Accessed: 8 February 2018
Page 16 of 37
pervasive police harassment and intimidation, and faced multiple barriers to
accessing justice, truth and reparation.’ 33
Rights, published in March 2017:
‘… While there were no reports that the government or its agents committed
politically motivated killings, there were reports that government security
forces committed arbitrary or unlawful killings. Independent Commission of
Investigations (INDECOM) statistics indicated that 92 persons were killed by
government security forces through October [2016], an approximately 10
percent increase over the same period in 2015…
‘… A government-established commission completed its inquiry and in June
[2016] released its final report into the activities of the security forces during
the 2010 Tivoli Gardens security operation that left at least 73 civilians and
one security force member dead. The report recommended the government
provide an apology, facilitate reparations, and implement police reform. The
report provided numerous other recommendations aimed at holding security
forces accountable and preventing the "large-scale loss of lives during the
operations of the security forces." The government established on 13
September [2016] a cabinet-level committee to review the recommendations
and determine appropriate steps for implementation. The JCF removed three
senior leaders from positions of responsibility because of the Commission's
Report…’ 34
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7.7 Effectiveness
7.7.1 The Canadian Immigration and Refugee Board noted, in a response citing
various sources, on events up to 2014:
‘Sources indicate that Jamaica has been attempting to reform its police force
(UN 2012, 98; US 2014). According to the Ministry of National Security, in
December 2008, Jamaica began developing the National Crime Prevention
and Community Safety Strategy (NCPCSS), a ten-year plan to reduce crime
and violence, which involved input from multiple government ministries,
including the Ministry of Education, Ministry of Justice, the Planning Institute
of Jamaica, the Jamaica Social Investment Fund, the Social Development
Commission, and the JCF's CSSB, as well as from over 50 consultations with
stakeholders, including public and private bodies, non-governmental
organisations (NGOs) and residents (Jamaica n.d.b). The plan includes
several international development partner-funded "social-intervention
programs" and "socially-centred" programs operated by the JCF (ibid.). The
plan includes initiatives by the JCF for community policing, neighbourhood
watch and police youth clubs (ibid.). According to the US INCSR, the
Commissioner of the JCF has been making "steady progress" toward
33
Amnesty International , ‘2016/17 Report’ (Police and Security Forces),
https://www.amnesty.org/en/countries/americas/jamaica/report-jamaica/ Accessed: 24 November 2017
34 US Department of State, ‘Country Report on Human Rights Practices’ 3 March 2017,
https://www.state.gov/documents/organization/265810.pdf Accessed: 24 November 201
Page 17 of 37
reforming the JCF (US 2014).’ 35
7.7.2 The Overseas Security Advisory Council (OSAC) Report covering events in
2015 noted that:
‘Organised crime elements are prevalent and extremely active. Most criminal
activity is gang-related. The police are only able to make arrests in 45 percent
of homicides annually, and they only convict perpetrators in seven percent of
the homicide cases. This leads both the public and police to doubt the
effectiveness of the criminal justice system, leading to vigilantism, which
exacerbates the cycle of violence. Based on their past experiences, most
civilians fear that the authorities cannot protect them from organised criminal
elements and could be colluding with criminals, leading citizens to avoid giving
evidence or witness testimony.
‘…Police are unable to adequately patrol and protect most neighbourhoods,
so burglaries are quite common. Most wealthy residents hire private, armed
guard forces to deter criminals.
‘…Local police assistance is available throughout the island. The JCF is
considered to be underpaid, poorly trained, and understaffed. Police support
for foreign victims of crimes varies between semi-responsive and responsive
due to a shortage of manpower, training, vehicles, and other resources.
Although the police receive some training from U.S and UK law enforcement
entities, they endure a lack of funding, resources, and management.’ 36
7.7.3 The OSAC report covering events in 2015 noted that:
‘…Police corruption and police involvement in criminal activity is not
uncommon. Citizens are often indifferent to police authority, adding to a
perceived sense of lawlessness. The general perception is that the majority of
crime victims do not report crimes against them due to fear of reprisals by the
police, the belief that police are corrupt, or the feeling that nothing would
come from such reports. Reporting crime can seem archaic, and the
confusing, lengthy process is widely believed to be a waste of time except for
the most serious of crimes where a police report is required for insurance
purposes.’ 37
7.7.4 The USSD International Narcotics Control Strategy Report covering events in
2016 noted in regard to Jamaica: ‘The government and law enforcement
authorities are committed to combating narcotics and illicit trafficking.
However, their efforts were only moderately effective in 2016 because of
insufficient resources, corruption, an inefficient criminal justice system and the
35 CIRB, JAM105038.E. ‘Jamaica: The Jamaica Constabulary Force (JCF), including effectiveness
and government efforts to strengthen the force (2011-2015)’, 9 February 2015, http://irb-
cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=455717. Accessed 25 January 2018.
36 US Department of State (USSD), ‘Overseas Security Advisory Council Jamaica 2016 Crime and
Safety’ (Crime Threats and Police Response)

https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=19562 Accessed: 29 December 2017
37 USSD, ‘Overseas Security Advisory Council Jamaica 2016 Crime and Safety’ (Crime Threats and
Police Response), Undated, https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=19562

Accessed: 24 November 2017
Page 18 of 37
inability of lawmakers to adopt meaningful legislation to combat corruption.’ 38
7.7.5 The USSD International Narcotics Control Strategy Report covering events in
2016 further noted:
‘The United States supports a wide range of efforts designed to address crime
and violence affecting Jamaica, primarily through the Caribbean Basin
Security Initiative (CBSI)... CBSI funding to advance Jamaica’s transformation
into a more secure, democratic, and prosperous partner is a major U.S policy
goal. Narcotics trafficking, corruption, and related crime undermine the rule of
law, democratic governance, economic growth, and the quality of life for all
Jamaicans. Success in combating crime depends on a comprehensive
approach that recognizes the link between drugs, gangs, organised crime,
poverty, unemployment, lack of educational opportunities, and government
corruption. As such, the U.S. government supports a number of initiatives
which build safer communities through strengthening civil society
organizations, supporting at-risk youth programs, and improving community
policing practices. The U.S government also provides technical assistance
and training to the Ministry of Justice Drug Treatment Court Program.
‘CBSI support to Jamaica includes training, equipment and logistical
assistance for: the prevention and interdiction of narcotics and firearms
trafficking; combatting cyber-crime, money laundering, financial crime, lottery
scams, and organised crime; improving Jamaica’s efforts to seize and forfeit
criminally-acquired assets; and enhancing Jamaica’s maritime law
enforcement capabilities and maintenance and logistics systems through
support for the JCF Marine Division and the JDF Coast Guard.
‘The United States also funds projects to improve the effectiveness of
Prosecutors and the Courts, the National Forensic Sciences Laboratory, and
the Financial Investigation Division of the Ministry of Finance. Indirect support
for law enforcement occurred through projects to build community-police
relations, improve police training facilities and techniques, and strengthen
efforts to reduce police corruption and excess use of force.’ 39
7.7.6 The UK has also committed funding to improve the safety and security of
around 4000,000 people in 50 communities and combating organised crime.
40 41
Back to Contents
7.8 Community policing
38 USSD, ‘International Narcotics Control Strategy Report, Volume 1, Drug and Chemical Control’
(p194), March 2017, https://www.state.gov/documents/organization/268025.pdf. Accessed: 25
January 2017.
39 USSD, ‘International Narcotics Control Strategy Report, Volume 1, Drug and Chemical Control’
(p197), March 2017, https://www.state.gov/documents/organization/268025.pdf. Accessed: 25

January 2017.
40 UK Department of International Development, DFID Caribbean Profile: July 2017, Undated,
https://www.gov.uk/government/publications/dfid-caribbean-profile-july-2017. Accessed: 25 January 2018.

41 Foreign and Commonwealth Office, Annual Review – Summary Sheet, Caribbean – Serious and
Organised Crime, Undated,

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/668233/Caribbean_Seri
ous_Organised_Crime_Annual_Review.pdf. Accessed: 25 January 2018.
Page 19 of 37
7.8.1 The Canadian Immigration and Refugee Board continued that:
‘Several sources indicate that the JCF is pursuing a community policing
initiative (ibid. 27 Feb. 2014, 8; ODI May 2014, 23; Jamaica [2014]b). On its
website, the JCF states that its corporate strategy "mandates the employment
of community policing in its efforts to fight crime in Jamaica" (ibid. 19 Feb.
2013). The Minister of National Security noted in 2014 that the JCF had a 30-
40 year history of a militarized-style of policing, but that the force was moving
away from that style of policing and placing more emphasis on community-
style policing, in order to have a "less combative approach to policing" and to
"engender good relations between the police and citizens" (ibid. [2014]b).
Country Reports 2013 states that the aim of community policing is "to address
the long-standing antipathy between the security forces and many poor inner-
city neighbourhoods" (US 27 Feb. 2014, 8).
‘According to the JCF annual report for 2013, the JCF's Community Safety
and Security Branch (CSSB), which is responsible for improving citizenship
partnership with the JCF, trained 274 school resource officers and launched
25 Police Youth Clubs, which have a membership of 11,000, as part of their
efforts to improve relations with communities (Jamaica [2014]a, 26).
According to Country Reports 2013, the school resource officers serve as
liaisons between students, faculty, parents and the police and aim to curb
school violence (US 27 Feb. 2014, 8). The same source indicates that
Jamaica's police academy provided training on community-based policing to
new recruits as well as to JCF members taking professional development
courses (ibid.).
‘According to a 2014 study by the Overseas Development Institute (ODI),
community policing in Jamaica has become "more actively operationalized
since 2008" (ODI May 2014, 1). However, the same source notes that, in
practice, community policing has not been implemented "force-wide" but is
instead carried out by Community Police Officers (CPOs) in the CSSB branch
of the JCF (ibid., 13). This source states that Jamaican policing "remains
primarily paramilitary in nature" (ibid., 1), and that a "substantive behaviour
change" within the police force has been "limited" (ibid., 23).
‘The Norman Transcript reports that the Jamaican government has been
taking a "more confrontational attitude toward the country's gangs" and the
government credits a crackdown in 2013 with bringing down the murder rate
in some parts of Kingston by 60 percent (11 Oct. 2014). The National Security
minister said that the JCF is decreasing the number of curfews imposed on
communities and is turning towards "intelligence driven" policing methods
(CMC 30 Dec. 2014).’ 42
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7.9 Crime rates
7.9.1 The same source stated:
cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=455717. Accessed: 25 January 2018
Page 20 of 37
‘… sources indicate that Jamaica has seen a reduction in violent crime (IHS
Global Insight 22 Oct. 2014; CMC 17 Dec. 2014; Jamaica [2014]b). According
to the Associated Press (AP), in 2013, there were 1,197 homicides in
Jamaica, down from a high of 1,680 in 2009 (7 Dec. 2014). IHS Global
Insight, a global forecasting company that provides "economic, financial, and
political coverage" of countries and industries (IHS Global Insight, n.d.),
reports that, according to police statistics released on 15 September 2014,
there was a 15 percent decrease in homicides in the period from January to
September 2014 in comparison to the same period in 2013 (ibid. 22 Oct.
2014). In December 2014, Jamaica's National Security Minister reported that
there have been "double digit reductions right across the board in all serious
and violent crimes in Jamaica" (CMC 17 Dec. 2014). The Minister, speaking
on another occasion, said that, in 2014, there were "close to 700 fewer victims
of serious and violent crimes ... including murder, shooting, rape and
aggravated assault" (ibid. 30 Dec. 2014). According to the Gleaner, a
Kingston-based daily newspaper, crime decreased by 40 percent between
2009 and 2014 (16 Sept. 2014).’ 43
7.9.2 The US OSAC report covering events in 2015 noted:
‘In 2015, Jamaica saw an increase in murders but a reported decrease in
other serious, violent crimes. It is believed that the rise in murders can be
attributed in part to violence perpetrated by gangs involved in lottery
scamming. Most violent crimes, including 80 percent of all murders, involve
firearms. There were 1,205 murders (the highest figure in five years, a 19.7
percent increase over 2014, an average of 3.3 murder/day), 1,069 shootings,
589 aggravated assaults, 577 rapes, 1,904 robberies, and 1,777 break-ins
recorded in 2015. With a population of approximately 2.9 million people,
Jamaica continues to have a high homicide rate (40.9/100,000), which places
it among the top-five highest (per capita) national homicide rates in the world.’
44
7.9.3 The IADB report of June 2016, based on a range of sources on events up to
circa 2013, noted:
‘Jamaica’s post-independence environment has been characterized by high
(and until recently increasing) rates of violent crimes and relatively low and
declining rates of property crimes… Since 2009, however, the main
development in Jamaica’s situation has been the significant decline in all
categories of violent and other serious crimes. Both violent crimes and the
most troubling types of property crimes declined during this period. More
specifically, between 2009 and 2013, homicides declined by 30.2 percent,
shootings by 25.8 percent, and robberies by 12.5 percent.
‘The serious crimes (in the sense that the police have defined the term) that
cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=455717. Accessed: 25 January 2018
44 US Department of State (USSD), ‘Overseas Security Advisory Council Jamaica 2016 Crime and
Safety’ (Crime Threats and Police Response)

https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=19562 Accessed: 29 December 2017
Page 21 of 37
were exceptions to this trend include rape, which increased by 20.5 percent.’ 45
7.9.4 For further background see the JCF website and the Canadian Immigration
and Refugee Board response on the JCF 46.
Back to Contents
7.10 Corruption
7.10.1 Transparency International has ranked Jamaica in its annual Corruption
Perception Index as 39 out of 100 in 2016. 47
7.10.2 The DCAF [Geneva Centre for the Democratic Control of Armed Forces]
ISSAT [International Security Sector Advisory Team] Jamaica Country Profile,
updated in February 2015, noted:
‘The JCF has a history of corruption and inefficiency. Police officials make
arrests in around 44 percent of homicide cases annually and have been found
to be involved in the illicit arms trade through supplying weapons and
ammunition to criminals from government stockpiles. They also have a history
of protecting prominent gang members and allowing them to run their illicit
networks in exchange for bribes.
‘...The UNDP’s 2010 Citizen Security Survey, the police fared badly with
respondents showing an extremely low degree of confidence in the force.
Only 15 percent believed that the police respected citizens’ rights, while only
23 percent had confidence in the police to control gang violence...’ 48
7.10.3 Freedom in the World 2016 stated that:
‘In 2015, Jamaica continued to grapple with persistent gang violence and
abusive police practices, both of which [were] major deterrents to domestic
commercial activity and foreign investment. However, a gradual strengthening
of the legislative environment has led to improvements in recent years, as the
government took steps to implement the Corruption Prevention Act, and the
INDECOM intensified its efforts to hold police accountable for [misconduct].’ 49
7.10.4 According to United States Department of State, Bureau for International
Narcotics and Law Enforcement Affairs, International Narcotics Control
Strategy Report, March 2017:
‘…The Commissioner of Police, with support from the Minister of National
January 2018.
46 Canadian Immigration and Refugee Board Response on the JCF, 1 December 2010, http://www.irb-
cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=453251 Accessed: 8 February 2018

47 Transparency International, ‘Corruption Perception Index, 2016’
file://poise.homeoffice.local/Home/APH/Users/GOPPYS/Downloads/2016_CPIReport_EN.pdf
Accessed: 29 December 2017
48 DCAF [Geneva Centre for the Democratic Control of Armed Forces] ISSAT [International Security
Sector Advisory Team], ‘Jamaica Country Profile’ (Security Institutions), February 2015,
http://issat.dcaf.ch/Learn/Resource-Library/Country-Profiles/Jamaica-Country-Profile Accessed: 24
November 2017
49 Freedom House, ‘Freedom in the World Jamaica 2016’ 29 August 2016,
https://freedomhouse.org/report/freedom-world/2016/jamaica Accessed: 29 December 2017
Page 22 of 37
Security, continued to take a strong public stance against police corruption
and made progress toward reform of the institution. The Jamaican Police
have suffered from decades of endemic corruption and high annual numbers
of civilian deaths caused by police actions. Police-involved deaths increased
by 20 percent in 2016 from 2015, though remaining 50 percent below the
number of deaths recorded in 2013.
‘…Jamaican law penalizes official corruption; however, corruption remains
entrenched, widespread, and compounded by a judicial system that has a
poor record of successfully prosecuting corruption cases against high-level
law enforcement and government officials.
‘In 2016, anti-corruption measures within the police continued to show
encouraging signs. The police Anti-Corruption Branch (ACB) merged with the
newly-created Major Organized Crime and Anti-Corruption Agency in 2014,
and showed steady success in identifying and removing officers engaged in
corrupt and unethical behaviour. Since the ACB’s reorganisation with
international support in 2008, 559 police personnel have resigned or been
dismissed for corruption or ethics violations. Another 24 officers faced
criminal corruption charges during 2016.
‘Additionally, the U.S-supported non-governmental organisation National
Integrity Action helped focus increased public and government attention on
the need for anti-corruption reforms.’ 50
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7.11 Impunity
‘The law provides criminal penalties for corruption by officials, but the
government did not implement and enforce the law effectively, and officials
reportedly engaged in corrupt practices with impunity. The Ministry of Justice
and the Attorney General's Office have overall responsibility to combat official
corruption.
‘Corruption remained a significant systemic problem of public concern…
because of the government's weak efforts to prosecute officials' alleged
corrupt practices… Media and civil society organisations continued to criticize
the Director of Public Prosecutions for being slow and at times reluctant to
prosecute corruption cases. The Major Organized Crime and Anti-Corruption
Agency (MOCA), which is part of the JCF, conducted raids on and uncovered
corruption in several parish councils.
‘…There was also an increased number of fatalities at the hands of
government security forces, many of which were suspected to be carried out
unlawfully and the majority of which appeared to occur during planned
security force operations rather than at random events… The government
charged a much larger number of police officers with abuses than in the
50 United States Department of State, ‘Bureau for International Narcotics and Law Enforcement
Affairs, International Narcotics Control Strategy Report,’ (Jamaica), March 2017,
https://www.state.gov/documents/organization/268025.pdf Accessed: 29 December 2017
Page 23 of 37
previous year. A lack of willing witnesses and inefficiencies in the Judiciary,
however, continued to plague the justice system, and trials languished…’ 51
Back to Contents
7.12 Police oversight
7.12.1 According to the INDECOM Jamaica:
‘The INDECOM is a Commission of Parliament, governed by the INDECOM
Act. The Act was passed on 15 April 2010 and the Commission began
operation on 16 August 2010. The INDECOM Act repealed the Police Public
Complaints Act that established the Police Complaints Authority (PPCA);
which was a civilian body established to probe allegations against members of
the JCF.
‘INDECOM, is a civilian staffed state agency tasked to undertake
investigations concerning actions by members of the Security Forces and
other Agents of the State that result in death or injury to persons or the abuse
of the rights of persons; and for connected matters. The members of the
Security Forces and other Agents of the State for which INDECOM provides
oversight include:
• JCF
• District Constables
• JDF
• Correctional officers at the Department of Correctional Services
(DCS)…
‘…The four regions are: Eastern (Kingston and St. Andrew, Portland, St.
Thomas), South Eastern (St. Catherine, St. Mary, St. Ann), Central
(Manchester, Clarendon, St. Elizabeth, St. Ann) and Western (St. Ann,
Trelawny, St. James, Hanover, Westmoreland)…’ 52
7.12.2 To report an incident or complaint, the INDECOM can be contacted via
phone, a visit to one of the three main offices or satellite office, via email or
the INDECOM website. 53
7.12.3 Please also see The Independent Commission of Investigations Act 2010. 54
Back to Contents
8. Judiciary
8.1 Legal system
8.1.1 The IADB report of June 2016 noted:
‘The legal system, including prosecution, the courts, sentencing, and
corrections, has had little scholarly criminological examination. However,
https://www.state.gov/documents/organization/265810.pdf Accessed: 24 November 2017
52 INDECOM Jamaica, https://www.indecom.gov.jm/ Accessed: 2 January 2018
53 INDECOM Jamaica, https://www.indecom.gov.jm/ Accessed: 2 January 2018
54 INDECOM, The Independent Commission of Investigations Act 2010, https://www.indecom.gov.jm/wp-
content/uploads/2016/11/INDECOM-Act.pdf Accessed: 8 February 2018
Page 24 of 37
special commissions and governmental task force reports have identified
specific concerns. For example, the Justice Reform Task Force (2007)
identified problems of ineffectiveness, lack of capacity, accountability,
institutional structures, and relationships of national institutions to regional,
international, and NGO communities.[…]
‘Jamaica’s legal system is based on the British Common Law tradition.
Persons before courts retain due process rights to fair trial, are presumed
innocent until found guilty, have the right to a jury trial and appeal, and have
access to defence counsel and to legal aid in cases that can result in
incarceration. There is also a functioning bail system (UNDP 2012). Currently,
the Judicial Committee of the Privy Council remains the court of last resort for
appeals from the Jamaican court. […] However, discussions have been
ongoing about integration of the regional Caribbean Court of Justice for both
appellate and original jurisdictional matters. […]’ 55
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8.2 Court system
8.2.1 The Supreme Court Jamaica website provided information on Legal System,
Court Structure and Hierarchy 56
8.2.2 Amnesty International, in its report, Waiting in Vain, 2016 noted that:
‘There are several key actors in the Criminal Justice System that play a critical
role in facilitating access to justice. The DPP determines whether or not to
prosecute a case. A Special Coroner's Court conducts inquests into killings by
police, to establish the cause of death and whether a killing was lawful or not.
The Court's decision is then referred back to the DPP who decides whether to
prosecute or close the case. Since 2013, INDECOM has also been able to
initiate prosecutions of police officers…’ 57
8.2.3 The IADB report of June 2016 noted:
‘Located within the Ministry of Justice, the Legal Aid Counsel is mandated to
organize and establish Legal Aid Clinics to administer an efficient and
coordinated legal aid system. As at September 30, 2012, approximately 379
attorneys were enlisted to provide duty counsel services and accept Legal Aid
court assignments… Provision of legal aid is further hampered by concerns
relating to timely payment and the low pay scale.70 This can impair
representation that indigent defendants receive, and hints at some of the
concerns raised in the Jamaican Justice System Task Force Report (2007).’ 58
January 2018.
56 Legal System, Court Structure and Hierarchy, Jamaica,
http://www.supremecourt.gov.jm/content/legal-system Accessed: 8 February 2018

57 Amnesty International, ‘Waiting in Vain’ 2016,
file://poise.homeoffice.local/Home/APH/Users/GOPPYS/Downloads/jamaica_waiting_in_vain_-
_report_eng.pdf Accessed: 2 January 2018
Page 25 of 37
Back to Contents
8.3 Effectiveness
‘…A lack of willing witnesses and inefficiencies in the judiciary, however,
continued to plague the justice system, and trials languished…
‘The law provides for an independent Judiciary. The independent Court
Management Services maintained its own budget, but the Ministry of Justice
provided resources for the Judiciary’s large items such as vehicles for Judges,
the introduction of new technologies, and new court buildings.
‘Trials are often delayed for years, and at times cases are dismissed due to
delay tactics, including no-shows by witnesses, challenges in [enrolling] juries,
antiquated rules of evidence, and lack of equipment for collecting and storing
evidence, among other reasons. For example, drug evidence collected in an
arrest must be stored in its entirety; samples or photographs are not
acceptable. Storage facilities were inadequate and understaffed, and
evidence occasionally disappeared, deteriorated in the warehouse, or could
not be located when [required].
‘The Parish Courts, which handle more than 90 percent of the cases in the
court system, operated Night Courts to reduce the backlog. The Supreme
Court and Parish Courts alleviated some of the civil case backlog by using
alternative dispute resolution in place of traditional trials and recruiting judges
out of retirement to serve.
‘There is a Witness Protection Program, but many eligible witnesses either
refused protection or violated the conditions of the program. According to the
JCF, no participant in the Witness Protection Program who abided by the
rules of the program has ever been killed.’ 59
See Country Policy and Information Note on Jamaica: Fear of Organised
Criminal Gangs for further information on the Witness Protection Programme
in Jamaica.
8.3.2 Amnesty International, in their report, Waiting in Vain, 2016 explained that:
‘Severe delays in the Criminal Justice System were universally recognized by
those interviewed for this report as a major structural barrier to reducing crime
in Jamaica. One senior police officer told Amnesty International: “a criminal
charged in 2015 will not get to court until 2020.” Another said: “patience with
the slow Justice System has run out.”
‘Since his appointment in March 2016, the Minister of Justice has identified
reducing backlogs and delays in the Court System as a priority. In a sectoral
presentation to Parliament in June 2016, the Minister stated he would
continue programmes aimed at justice reform by removing and repealing out-
January 2018.
59
US Department of State, ‘Country Report on Human Rights Practices’ 3 March 2017,
https://www.state.gov/documents/organization/265810.pdf Accessed: 2 January 2018
Page 26 of 37
dated legislation, reducing the backlog in the Courts, modernizing and
expanding the Courts and protecting vulnerable groups.
‘Other practical measures proposed by the Ministry include: allowing willing
Judges to sit beyond retirement age, introducing alternative methods of
dispute resolution, increasing the number of courtrooms, extending court
hours into evening sittings, using Case Progression Officers to monitor cases
and ensure their trial readiness, using technology such as video-link for
introducing evidence and digitization of court processes.’ 60
8.3.3 The report continued:
‘Jamaica has received significant funding and technical support to implement
justice sector reforms from donor partners, including the Canadian and United
Kingdom governments, and the European Union (EU). For example, the EU,
beginning in 2017, will grant US$23 million for the justice system.
‘Despite these administrative changes, several senior government officials
told Amnesty International that without more courtrooms and Judges, the
backlogs simply will not be addressed…
‘There are several key actors in the Criminal Justice System that play a critical
role in facilitating access to justice. The DPP determines whether or not to
prosecute a case. A Special Coroner's Court conducts inquests into killings by
police, to establish the cause of death and whether a killing was lawful or not.
The Court's decision is then referred back to the DPP who decides whether to
prosecute or close the case. Since 2013, INDECOM has also been able to
initiate prosecutions of police officers…
‘As of July 2016, INDECOM had charged almost 100 officers with various
offences, but only eight cases had been tried. INDECOM secured its first and
to date only murder conviction in April 2016, in a case prosecuted by the DPP,
in which a police officer was found guilty of the murder of his former girlfriend.
‘According to the Assistant Commissioner of INDECOM: "It´s very hard to get
a case to trial. Justice is being denied, either way you look at it. Almost a
hundred officers have not had a trial, so they are on no pay, or limited pay,
suspended and don´t carry firearms. Also, years pass and witnesses die and
leave." The very first case in which INDECOM charged a police officer with
murder has yet to be brought to trial, six years after the killing.’ 61
8.3.4 The Jamaican Observer, in its article, More Judges for Parish Courts, 17 June
2016 has stated that:
‘The Government is seeking to increase the number of Judges available to
serve in Parish Courts. “In the short term, we want to employ at least another
15 or 20 judges permanently or on a part-time basis to deal with the backlog
in the Parish Courts,” said Minister of Justice Delroy Chuck. He was making

Page 27 of 37
his contribution to the 2016/17 Sectoral Debate in the House of
Representatives... Minister Chuck noted that the Parish Courts are now
overburdened with civil and criminal cases and “it is important that we attend
to them urgently.”
‘Meanwhile, the Minister of Justice is encouraging Jamaicans to utilise
alternative means such as arbitration and restorative justice to deal with
disputes. He noted that the Restorative Justice Bill will be brought before
Parliament shortly. “If we can get the offender to admit that he has committed
the offence and the victim to forgive, then we can say use restorative justice to
exercise mercy in the disposal of the matter,” the Minister of Justice said. As it
relates to arbitration, he informed that a Bill is to be submitted to Cabinet
before tabling in Parliament.
‘The Minister of Justice noted that many countries, such as Singapore, have
been making use of arbitration to settle commercial disputes. “When big
money is in conflict, many of the parties do not want to go to Court; they want
arbitrators to assist them in coming to a decision. Singapore is now becoming
the top place for arbitration,” Chuck said…’ 62
Back to Contents
8.4 Trial procedures
‘The Constitution provides defendants a presumption of innocence and the
right to counsel and to confront witnesses against them. Defendants have the
right to be informed of the charges against them and the right to a fair public
trial. The Supreme Court tries serious criminal offences, including all murder
cases. Citizens’ reluctance to serve as jurors resulted in a persistent problem
of seating jurors, which contributed to the judicial backlog.
‘Defendants are provided ample time to prepare defence and are not
[obligated] to confess guilt. They have the right to appeal. Legal Aid
attorneys were available to defend the indigent, except those charged with
certain offences under the Money Laundering Act or the Dangerous Drugs
Act, as well as defendants not liable to incarceration. The Office of the Public
Defender may bring cases on behalf of persons who claim violations of their
constitutional rights but cannot appear in court on their behalf.
‘The Office of the Children’s Advocate (OCA) provides legal representation for
all children who require assistance before the Courts. The law allows the
OCA to intervene in court proceedings and to initiate proceedings against
individuals or government entities that breach the rights of children.’ 63
8.4.2 The report continued:
‘Police officers may arrest without warrant where a felony, treason, or breach
of the peace is committed or attempted in the officer’s presence. Upon arrest
62 Jamaica Observer, ‘More Judges for Parish Courts’ 17 June 2016
http://www.jamaicaobserver.com/news/More-judges-for-parish-courts Accessed: 2 January 2018
63 63
US Department of State, ‘Country Report on Human Rights Practices’ 3 March 2017,
Page 28 of 37
the officer is required to tell a suspect in clear language the offence(s) for
which the individual has been arrested. Any officer may execute any warrant
lawfully issued by a Judge or Justice of the Peace for the apprehension of a
person charged with any offence, without being in possession of the warrant.
The officer must produce the warrant on demand of the suspect as soon as
practical after the arrest. The decision to charge or release must be resolved
within 48 hours, although a Judge or Justice of the Peace may extend the
period of custody.
‘The Constitution provides for legal assistance if someone does not have
sufficient means to pay for legal representation and provides that a civil
organisation may initiate an application on behalf of a detainee or a person
with a mental disability. If a detainee requests access to counsel, the law
requires police to contact duty counsel (a private attorney who volunteers to
represent detainees at police stations and until cases go to trial) under the
Legal Aid Program. There was a functioning bail system. Authorities allowed
detainees prompt access to family members. The law requires Justices of the
Peace and Judges to inquire at least once a week into the welfare of each
person listed by the JCF as detained.’ 64
Back to Contents
8.5 Corruption
8.5.1 According to United States Department of State, Bureau for International
Narcotics and Law Enforcement Affairs, International Narcotics Control
Strategy Report, March 2017:
‘Progress in combating…corruption was hobbled by an underfunded,
overburdened and sluggish Criminal Justice System with limited effectiveness
in obtaining criminal convictions. The conviction rate for murder was
approximately 16 percent through the first 10 months of 2016, and the Courts
continued to be plagued with a culture of trial postponements and delay. This
lack of efficacy within the Criminal Courts contributed to impunity for many of
the worst criminal offenders and gangs, an abnormally high rate of violent
crimes, and lack of co-operation by witnesses and potential jurors. The
underperforming Judiciary has also engendered frustration among police
officers and the public, a significant social cost and drain on the economy, and
a disincentive for tourism and international investment.
‘[However], success stories from 2016 – all with U.S and international support
– have included the JCF Anti-Corruption Branch, which made steady progress
in removing corrupt and unethical police officers, as well as the Major
Organized Crime and Anti-Corruption Agency which continued its success in
reducing Jamaica lottery scam operations that targeted retirees and the
elderly in the United States. The Financial Investigation Division of the
Ministry of Finance further increased its ability to curb money laundering and
seize criminally-acquired assets. The JCF enhanced its ability to trace seized
firearms, and criminal prosecutors received additional training throughout the
island.

Page 29 of 37
‘The momentum of progress gained within Jamaica’s law enforcement
agencies, however, is being limited by a chronic inability of Prosecutors and
the Courts to keep pace and secure prompt convictions…’ 65
8.5.2 A Human Rights First report of July 2015, The World As It Should Be –
Advancing the Human Rights of LGBT People in Jamaica, noted that: ‘Similar
to mob violence, one analyst argues that violence perpetrated by the police is
rooted in officers’ mistrust trust of the Justice System and perpetrated by
impunity in cases of police violence.’ 66
Back to Contents
9. Media and the internet
9.1.1 The U.S Department of State 2016 Country Report on Human Rights
published in March 2017 stated that:
‘…Independent media are active and express a wide variety of views without
restriction.’ 67
9.1.2 Please see CIA World Factbook, and BBC News, Jamaica Country Profile,
Media August 2012 68 69
Back to Contents
10. Corruption
10.1.1 According to Freedom in the World 2016:
‘Corruption remains a serious problem in Jamaica. Long-standing
relationships between officials and organised crime figures are thought to
persist. Various government bodies continue to pursue corruption
investigations, and cases frequently end in convictions. However, the Public
Prosecutor has faced criticism in the media and from NGOs for a reluctance to
pursue some cases, and implementation of the 2000 Corruption Prevention
Act remains problematic.
‘Government whistleblowers who object to official acts of waste, fraud, or
abuse of power are not well protected by Jamaican law, as is required under
the Inter-American Convention against Corruption. In 2015, the legislature
debated a new Integrity Commission Act which, among other steps, sought to
create a single body to monitor corruption…’ 70
65 United States Department of State, ‘Bureau for International Narcotics and Law Enforcement
Affairs, International Narcotics Control Strategy Report,’ (Jamaica), March 2017,
https://www.state.gov/documents/organization/268025.pdf Accessed: 29 December 2017
66 Human Rights First – ‘The World as it Should Be’ – Advancing the Human Rights of LGBT People
in Jamaica, Updated July 2015 http://www/humanrightsfirst.org/sites/default/files/HRF-Jamaica-

Report-final.pdf Accessed: 2 January 2018
https://www.state.gov/documents/organization/265810.pdf Accessed: 2 March 2018
68 CIA, ‘WorldFactbook – Jamaica’ https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html
Accessed: 2 January 2018

69 BBC News, Jamaica Country Profile, Media, August 2012,
http://news.bbc.co.uk/1/hi/world/americas/country_profiles/1190968.stm#media Accessed: 8 February 2018

70 Freedom House, ‘Freedom in the World 2016’ Jamaica, https://freedomhouse.org/report/freedom-
world/2016/jamaica Accessed: 2 January 2018
Page 30 of 37
10.1.2 Please also see Section 8.3 Corruption – Security Apparatus and Section 9.4
Corruption - Judiciary
Back to Contents
11. Women
11.1.1 Freedom in the World 2016 has stated that:
‘…Legal protections for women are poorly enforced and violence and
discrimination remain widespread. Women are under-represented in
government, holding just seven seats in the House of Representatives.’ 71
11.1.2 For background on women, their rights, state treatment and position in
society see
• Amnesty International, Annual Report 2016/17, Violence Against Women
and Girls
• The U.S Department of State 2016, Country Report on Human Rights
Report, Section 3, published in March 2017
• Country Policy and Information Note, Jamaica, Women Fearing Domestic
Violence, January 2017
• Domestic Violence Act, Ministry of Justice, Government of Jamaica
• UN Human Rights Committee (HRC), Concluding Observations on the
Fourth Periodic Report of Jamaica, Violence Against Women including
Domestic Violence, 22 November 2016
Back to Contents
12. Children
12.1 Overview
‘Child abuse, including sexual abuse, was substantial and widespread.
NGOs reported that gang leaders, sometimes including fathers, initiated sex
with young girls as a “right,” and missing children often were fleeing violent
situations and sexual abuse. During [2016] the JCF implemented a “Child
Interaction Policy.” The Office of Children’s Registry (OCR) receives,
records, processes and stores data relating to the mistreatment and abuse
of children. The law requires anyone who knows of or suspects child abuse
to make a report to the OCR, with a penalty of up to 500,000 JMD ($3,900)
and/or six months’ imprisonment for failure to do so.
‘The Child Development Agency (CDA) under the Ministry of Education,
Youth, and Information provides housing and day-to-day care for orphans,
71Freedom House, ‘Freedom in the World 2016’ Jamaica, https://freedomhouse.org/report/freedom-

world/2016/jamaica Accessed: 2 March 2018
Page 31 of 37
destitute children, and those with unsuitable parents, and administers the
foster care and adoption programs.
‘The OCA has broad responsibilities for reviewing laws, policies, practices
and government services affecting children, as well as providing legal
services to protect the best interests of children. The OCA has an
investigative function that gives it concurrent jurisdiction with the police
whenever a child is the victim or complainant.’ 72
12.1.2 The report continued to explain that:
‘Corporal punishment is illegal in early childhood centres and for all children
in state care, but it remained legal elsewhere, including in schools.
‘The legal minimum age for marriage is 18, but children may marry at 16 with
parental consent.
‘The law prohibits sexual intercourse with a person less than 16 years old,
the minimum age for consensual sex. Sexual relations by an adult with a
child under the age of 16 is punishable by up to life imprisonment.
‘The law criminalizes the commercial sexual exploitation of children and
applies to the protection, possession, importation, exportation and
distribution of child pornography. It carries a maximum penalty of 20 years’
imprisonment and a fine of 500,000 JMD ($3,900). There were reports of
children being involved in commercial sexual exploitation. The OCA
investigated sex crimes when the victim was below 18 years of age.
Depending on the case, the complaint was lodged directly with the OCA or
referred to the OCA from the Office of Children’s Registry for investigation.’73
12.1.3 Amnesty International, in their Annual Report 2016-17 noted that ‘…the NGO
Jamaicans for Justice reported that children were still being detained in
police lockups for being “uncontrollable”, often for illegal periods and in
inhumane conditions…’ 74
Back to Contents
12.2 Child labour
12.2.1 According to the Jamaica Information Service, The Government of Jamaica:
‘Minister for Agriculture, Labour and Social Security, Hon. Derrick Kellier, is
imploring Jamaicans to protect the nation’s children from exposure to child
labour… It is estimated that some 16,000 Jamaican children are involved in
child labour, while the global figure stands at 168 million. We have a
responsibility to protect our children (from working) on the streets, in
agriculture, fishing, and commercial establishments, selling in the markets,
working as domestic workers, playmakers in tourism and entertainment, from

74
Amnesty International, Annual Report 2016-2017, Jamaica
file://poise.homeoffice.local/Home/APH/Users/GOPPYS/Downloads/Amnesty%20International%20Report%
202016%202017.pdf Accessed: 2 January 2018
Page 32 of 37
being sexually exploited or otherwise used to carry out illicit activities,” he
stated…
‘…Minister Kellier also pointed out that the government has done significant
work in helping to reduce the need for children to work and remains
committed to creating a country that is child labour-free. “Considerable
resources have been made available by the Government to put in place such
social protection measures as sickness benefits, old age/pension benefits,
employment injury benefits, family and child benefits, disability benefits,
maternity benefits, death and survivor benefits,” he highlighted.
‘ “In pursuit of our commitment to create a Jamaica free from child labour,
the Government will continue its leadership of programmes of intervention
and inter-sectoral action, legislation and enforcement, education and skills
training, awareness building, advocacy and social protection measures,”
Minister Kellier pledged.’ 75
Back to Contents
12.3 Primary education
‘According to Classbase - Education in Jamaica: ‘The 6 years of primary
school education in Jamaica is compulsory and free. Children receive their
instruction in English, and remain there between the ages of 6 and 12.
Schools may be state-owned, or private preparatory schools.’ 76
Back to Contents
12.4 Secondary education
‘The government has embarked on a program to upgrade secondary
schools. This is to meet the needs of an emerging economy that requires
more advanced literacy and mathematics skills. Libraries have been
restocked and computers installed with internet access. Schools are either
single-sex or mixed. Many still favour the British grammar school model.
When students leave secondary school their education ceases to be free.’ 77
Back to Contents
12.5 Vocational education
‘The National Training Agency oversees vocational training in Jamaica that
is provided by state vocational training centres and private academies.
Programs tuned to the nation's needs include agriculture, automotive skills,
beauty services, clothing manufacture, commercial skills, information
technology, and building and construction skills.’ 78
Back to Contents
75 Jamaica Information Service, Government of Jamaica, ‘Jamaicans Urged To Protect Children From
Child Labour’ http://jis.gov.jm/jamaicans-urged-protect-children-child-labour/ Accessed: 2 January 2018
76 Classbase, Education System in Jamaica,
https://www.classbase.com/Countries/Jamaica/Education-System Accessed: 2 January 2018
Page 33 of 37
12.6 Tertiary education
‘Tertiary education is provided through five universities and a variety of
community and teachers colleges, some state-owned and some privately
funded. A traditional western-based curriculum is followed. Universities
include the University of the West Indies Mona Campus, The University of
Technology, the College of Art, Science and Technology, the North
Caribbean University and the University College of the Caribbean.’ 79
Back to Contents
13. Citizenship and nationality
13.1 Citizenship
13.1.1 Citizenship law is set out in the August 1962 Nationality Act of Jamaica 80
13.1.2 The multiplecitizenship.com website noted:
'Jamaica
'Citizenship: Citizenship is based upon the Jamaican Nationality Act of
1962, amended March 2, 1993.
'By Birth: Child born in the territory of Jamaica, regardless of the
nationality of the parents.
'By Descent: Child born abroad, at least one of whose parents is a
citizen of Jamaica.
'Marriage: Person, who marries a citizen of Jamaica, is eligible for
Jamaican citizenship.
'By Naturalisation: Jamaican citizenship may be applied for upon
fulfilment of the following conditions: Person has resided in Jamaica for
at least the 12 months prior to the application for citizenship. Person
has resided in Jamaica for an aggregate of at least four years during
the five-year period before the application. Person intends to reside in
Jamaica once citizenship is granted. Person is of good character, has a
permanent residence and livelihood, and is involved in Jamaican
society.
'Dual Citizenship: Recognised. The Jamaican Constitution does not
specifically refer to dual citizenship, but it does not prohibit citizens
from acquiring a second nationality.
'Jamaican law states that any Jamaican who acquires a foreign
citizenship will be subject to all the responsibilities of the new
citizenship and cannot claim any exemptions of their Jamaican
nationality.
'Loss of Citizenship:
'Voluntary: Jamaican citizens do not lose their Jamaican citizenship
80 August 1962 Nationality Act of Jamaica,
http://moj.gov.jm/sites/default/files/laws/The%20Jamaican%20Nationality%20Act.pdf Accessed: 8 February 2018
Page 34 of 37
upon the acquisition of a foreign citizenship. Any citizen wishing to
renounce Jamaican citizenship must be granted permission by the
government of Jamaica.' 81
Please also see Government of Jamaica, Jamaica Information Service,
Nationality and Citizenship 82
Government of Jamaica, Jamaica Information Service, Applying for Jamaican
Citizenship, August 2013 83
Back to Contents
14. Freedom of movement
‘The law provides for freedom of internal movement, foreign travel, emigration,
and repatriation. The government generally respected these rights.
‘The government co-operates with the International Organization for Migration,
UN Children’s Fund, Office of the UN High Commissioner for Refugees, and
other humanitarian organisations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, or other persons of concern.’ 84
14.1.2 Freedom House, in their 2016 Annual Report has stated that: ‘Although there
are constitutional guarantees of freedom of movement, political and
communal violence frequently precludes the full enjoyment of this right.’ 85
Back to Contents
15. Official documents
15.1 National Identification System (NIDS)
15.1.1 According to The Office of the Prime Minister, Government of Jamaica, on the
website for National Identification System:
‘The Government of Jamaica is designing and developing a NIDS, that will
provide a comprehensive and secure structure to enable the capture and
storage of personal identity information for citizens and persons ordinarily
resident in Jamaica. The NIDS will become the primary source for identity
assurance and verification, and will result in improved governance and
management of social, economic and security programmes.’ 86
81 Multiplecitizenship.com – Jamaica, Undated

http://www.multiplecitizenship.com/wscl/ws_JAMAICA.html Accessed: 2 January 2018
82 Government of Jamaica, Jamaica Information Service, Nationality and Citizenship,
http://jis.gov.jm/information/nationality-citizenship/ Accessed: 8 February 2018

83 Government of Jamaica, Jamaica Information Service, Applying for Jamaican Citizenship, August
2013, https://jis.gov.jm/faqs/applying-for-jamaican-citizenship/ Accessed: 8 February 2018

85 Freedom House, Freedom in the World 2016, Personal Autonomy and Individual Rights,
https://freedomhouse.org/report/freedom-world/2016/jamaica Accessed: 2 February 2018

86 Office of the Prime Minister, Government of Jamaica, National Identification System (NIDS)
Page 35 of 37
15.1.2 Please see also U.S Department of State – Bureau of Consular Affairs,
Jamaica, 15 September 2017 87
Back to Contents
http://opm.gov.jm/portfolios/national-identification-system/ Accessed: 2 January 2018

87 Travel.State.Gov, U.S Department of State – Bureau of Consular Affairs, Jamaica, 15 September
2017, https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-
Country/Jamaica.html Accessed: 8 February 2018
Page 36 of 37
15.2
Version control
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Below is information on when this note was cleared:
• version 2.0
• valid from 2 March 2018
Changes from last version of this note
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Country Policy and Information Note

Jamaica: Background information,

https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html Accessed: 29 December 2017

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Accessed: 25 January 2018.

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Safety’ (Crime Threats and Police Response)

Police Response), Undated, https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=19562

(p197), March 2017, https://www.state.gov/documents/organization/268025.pdf. Accessed: 25

https://www.gov.uk/government/publications/dfid-caribbean-profile-july-2017. Accessed: 25 January 2018.

Organised Crime, Undated,

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http://www.supremecourt.gov.jm/content/legal-system Accessed: 8 February 2018

60 Amnesty International, ‘Waiting in Vain’ 2016,

64 US Department of State, ‘Country Report on Human Rights Practices’ 3 March 2017,

in Jamaica, Updated July 2015 http://www/humanrightsfirst.org/sites/default/files/HRF-Jamaica-

Accessed: 2 January 2018

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world/2016/jamaica Accessed: 2 January 2018

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