Consideration of Outcome of Universal Periodic Review on Jamaica and the Charter of Rights .....

The Human Rights Council on March 17, 2011 adopted the outcomes of the Universal Periodic Review on the Marshal Islands, Croatia and Jamaica.

Phillip Muller, Ambassador and Permanent Representative of the Marshall Islands to the United Nations, said the Government accepted the recommendations on ratification or accession to the main international human rights treaties and underlined the serious need of technical and financial assistance in properly implementing them. Lack of resources was the reason why the establishment of a national human rights institution was not being considered at the moment. The Marshall Islands also accepted the recommendations on the promotion of human rights, addressing domestic violence and other issues affecting women, children’s rights, socio-economic development and climate change. The Government was disappointed that only one nation in the Universal Periodic Review had responded to issues raised regarding climate change impacts.

Wayne McCook, Permanent Representative of Jamaica to the United Nations Office at Geneva, said that in the implementation of the recommendations Jamaica was guided by the interests of all Jamaicans which in some cases meant that it would be best to reinforce existing mechanisms rather than to establish new ones or to undertake new international obligations. Jamaica had worked to adopt an overall strategy to eliminate practices constituting discrimination against women. While there was no single institution in Jamaica dealing with the issue of human rights, the mandates of several entities were established with portfolio responsibilities to enhance the promotion and protection of human rights and were strong and effective. The Government recognized the urgent need to address conditions in prisons and lockups and had pursued efforts for the construction of new prison facilities and privatization of prisons.

In the discussion on Jamaica, speakers looked forward to continued progress on reforming the justice sector with an emphasis on increasing respect for the rule of law and human rights among the police forces. Also, speakers welcomed the efforts to combat discrimination based on sexual orientation and urged Jamaica to repeal sections of the law that criminalised same-sex activities. Speakers noted the progress made in the achievement of the Millennium Development Goals, poverty reduction, education, access to public and reproductive health, malnutrition and hunger and their progress in the protection of children against ill treatment and exploitation. A speaker was disappointed that Jamaica had rejected the moratorium on executions, the commutation of all death sentences to prison sentences and the abolishment of the death penalty.

Speaking in the general debate on the Universal Periodic Review of Jamaica were Algeria, Morocco, Cuba and the United States. The non-governmental organizations that spoke during the discussion were COC Nederland and Amnesty International.

The Council then adopted the outcome of the Universal Periodic Review on Jamaica.

In his concluding observations Mr. McCook thanked the delegations and stakeholders groups that had spoken and those delegations that had recommended the adoption of this report and those who mentioned other advances and progress in the Millennium Development Goals. Jamaica reiterated its position as stated in its national report: there was no legal discrimination against persons on the basis of their sexual orientation, and the Government of Jamaica condemned such discrimination.

They underscored the provisions of their constitution which addressed the guarantees of any citizen and the possibility for them to appeal violations in court. Concerning the justice and law enforcement reform, they were improving prison conditions and the training of officers in these institutions. They had also increased the training in law enforcement. Moreover the Government had established an independent commission on investigations that investigated abuses. Jamaica thanked the members of the Council for the attention paid to the review of Jamaica and wished to remind them that the list of recommendations in the numerical count may be misleading as some recommendations were repeated. Jamaica recommended that recommendations be clustered in a thematic way. Jamaica had clearly indicated those recommendations that they rejected and those accepted.

Consideration of Outcome of Universal Periodic Review on Jamaica

WAYNE McCOOK,

Permanent Representative of Jamaica to the United Nations Office at Geneva,

said Jamaica attached great importance to the Universal Periodic Review process and it took note of the positions and views of many stakeholders summarized by the Office of the Human Rights Commissioner in documentation presented at the Working Group stage of Jamaica’s review.

Jamaica had implemented or was in the process of implementing many of the goals reflected in the recommendations and was guided by the interests of all Jamaicans which in some cases meant that it would be best to reinforce existing mechanisms rather than to establish new ones or to undertake new international obligations. Jamaica was reviewing the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment with a view to taking a decision on its ratification.

Consideration was also being given to the International Convention for the Protection of All Persons from Enforced Disappearances, the United Nations Convention related to the Status of Stateless Persons and to the Convention on the Reduction of Statelessness. Jamaica took its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women seriously and had worked to adopt an overall strategy to eliminate practices constituting discrimination against women.

The Government was not in a position to sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Jamaica accepted the recommendation on timely submission of reporting obligations to United Nations treaty bodies but it was important to note that human and resource constraints impeded the timely submission of reports by developing countries.

Extensive work had been done with regard to the amendment of the Constitution to provide for “A Charter of Rights and Freedoms” and the Government remained committed to the implementation of this important instrument which would be submitted to the Jamaican Parliament on 29 March 2011. While there was no single institution in Jamaica dealing with the issue of human rights, the mandates of several entities were established with portfolio responsibilities to enhance the promotion and protection of human rights and were strong and effective.

These bodies included the Office of the Public Defender and the Independent Commission of Investigation. Institutional mechanisms, such as the Bureau of Women’s Affairs and the Child Development Agency, already existed for advancing the special concerns of women and children.

The Government recognized the urgent need to address conditions in prisons and lockups and had pursued efforts for the construction of new prison facilities, including the issue of privatization of prisons, but noted that these initiatives might be constrained by the severe economic and financial conditions facing the country. The Government had also developed a new regime for the management of juveniles in the care of the state and an existing facility was being renovated."

ENDS

Notes:

One wonders if the rush by the Jamaica Labour Party government to pass the almost twenty year document that is to replace section three of the constitution and which was passed with so much ease in our parliament history wasn't a diversion to meet this review and to impress the UN while by passing the sexual orientation discrimination issue both at the UN level where voted no to remove sexual orientation as a reason for judicial killings and at the local level the exclusion of any hints to the same Charter of Rights banded about above by the Permanent representative which not only excludes recognition and rights to same gender loving persons but the disabled as well.

You be the judge.

Peace and tolerance

H