Committee of Experts on Violence (CEVI)



ORGANIZATION OF AMERICAN STATES

INTER-AMERICAN COMMISSION OF WOMEN

FOLLOW-UP MECHANISM OEA/Ser.L/II.7.10

CONVENTION OF BELÉM DO PARÁ (MESECVI) MESECVI-II/doc.35/08

SECOND CONFERENCE OF THE STATE PARTIES 25 June 2008

July 9 – 10, 2008 Original: English

Caracas, Venezuela

.

JAMAICA

RESPONSE TO THE QUESTIONNAIRE/

COUNTRY REPORT

RESPONSE TO THE QUESTIONNAIRE FOR EVALUATING IMPLEMENTATION

OF THE INTER-AMERICAN CONVENTION ON THE PREVENTION,

PUNISHMENT, AND ERADICATION OF VIOLENCE AGAINST WOMEN,

“CONVENTION OF BELÉM DO PARÁ”

The Government of Jamaica is pleased to have ratified as of December 2005, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women or the Belém do Pará Convention. The Government will continue to promote and implement strategies and policies to deter and eradicate all forms of violence against women.

Legal Reform

At present the Jamaican Constitution does not cover discrimination on the basis of sex. The proposed Charter of Rights which is now before Parliament will ensure that discrimination on the basis of sex is prohibited in the Constitution. Section 13(3) (i) (i) of the proposed Charter provides for “the right to freedom from discrimination of – (i) sex, that is to say, male or female.”

The definition will also enable Jamaica to comply with the definition as given in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Property (Rights of Spouses) Act

This Act was passed in 2004 and made effective on the 27th March 2006. The Act will allow for the equitable division of property upon the breakdown of marriage, as well as of common law unions of five (5) years or more in duration.

The Maintenance Act

The Maintenance Act which is a companion Act to the Property (Right of Spouses) Act was passed in 2005. The Act places equal maintenance obligations on both partners and on parents and children. In cases where an application is made for the division of property under the Property (Right of Spouses) Act, the Court hearing the procedure under the Property (Right of Spouses) Act may make a Maintenance Order in accordance with the provisions of the Act.

N.B. Property rights and maintenance issues often arise due to separation of couples within the context of domestic violence (physical, verbal and psychological abuse).

The Offences against the Persons Act is still awaiting amendment. Some recommendations for amendment include:

• Broadening the definition of rape other than vaginal penetration by the penis; to also include any other part of the body or any instrument to penetrate any part of another persons body without the permission of the other person.

The Incest (Punishment) Act

There is a related Bill before Parliament. The Bill seeks to create a gender-neutral offence by persons aged sixteen years or over. The scope of the Principal Act is also broadened to include, inter- alia, the aunt and uncle, nephew and niece, in loco parentis and ‘step’ relationships. The Bill also re-classifies the offence of incest from a misdemeanor to that of a felony with a maximum penalty of life imprisonment.

The Domestic Violence (Amendment) Act

This Act was passed in October 2004 and provides enhanced protection for victims of domestic violence and applies to both spouses and de facto (common law) spouses. The Act has been amended to include persons in visiting relationships and to broaden the definition of “child”.

The Child Care and Protection Act

The Child Care and Protection Act were passed in 2004. One of the objectives of the Act is to promote the best interests, safety and well being of the child. The Act also contains a specific clause which provides protection against offences including:

• Carnal abuse;

• Employment of children in indecent purposes;

• Employment of children in night clubs or permitting children to enter night clubs;

• Encouraging prostitution of children under 16 years of age, inducing, procuring or encouraging defilement of young girls or allowing them on premises to be used in indecent activities.

Sexual Harassment Legislation

A policy document on sexual harassment is currently being developed towards enactment of legislation. The document is being examined and discussed by stakeholders in preparation for submission to the Human Resource Council (HRC), a sub-Committee of Cabinet. Submission to HRC is scheduled for October 2006.

Child Pornography Legislation

Jamaica, like other countries has been affected by the pervasive influence of communications technology e.g. small portable recording devices and at the highest level, the Internet. The Attorney General recently gave instructions for the drafting of child pornography legislation. This law will specifically address the manufacture, distribution and sale of pornographic material featuring children.

Trafficking in Persons

The Government of Jamaica has been taking active steps to deal with Trafficking in Persons (TIP). It has established a National Task Force Against Trafficking in Persons (NATFATIP). This body is responsible for overseeing the National Plan of Action on TIP. The National Plan of Action stipulates measures to be adopted to deal with TIP. A collaborative approach involving several organizations in the public sector as well as civil society has been taken to tackle the issue. The National Task Force has embarked on actions to address the challenges of protection, prevention, and prosecution. Regional public fora have been planned for major townships in the island, including tourist resorts.

Legislation on anti-trafficking is now being drafted, as currently there is no specific law to address the issue. The police are actively involved and have arrested violators under existing laws.

The Bureau of Women’s Affairs regards trafficking in persons as a form of gender-based violence and has integrated it in its public education programme. In addition to the activities of other Government ministries, the Bureau of Women’s Affairs has so far conducted 25 workshops in schools and communities, on the subject of trafficking in persons. Furthermore, the Bureau has begun another series of public education activities to raise awareness of TIP among guidance counselors, teachers, students, youth and at-risk-youth, faith-based organizations and community groups.

The Child Development Agency (CDA) is also conducting two separate focus group sessions and four specialized counselling training sessions. The Agency is also developing an educational service manual for crisis counseling. The workshops will improve the understanding of the target groups on TIP, share common experiences and assist service providers to recognize and respect the rights and individuality of TIP victims.

On the general issue of child sexual abuse, including that of carnal abuse, the Jamaica Constabulary Force (JCF) recently indicated that it would be intensifying its efforts to crack down on carnal abuse cases.

Victims’ Charter

Presently there is a draft of a Victims’ Charter, which has been proposed by the Jamaican Government. The objective of the Charter is to correct imbalances, whether real or perceived, between the protection of the rights of offenders and the human rights of victims.

In developing this charter, special mention was made by the Attorney General, of vicious attacks on women and children; thus special treatment will be put in place for child victims, victims of sexual offences and other vulnerable groups.

The move towards the establishment of this Charter is also in keeping with Government’s obligation to meet the objectives as outlined in the 1985 United Nations Declaration of Basic Principles of Power.

A Cabinet sub-Committee chaired by the Honourable Prime Minister Portia Simpson Miller has been established to strengthen the existing provisions for the protection of children and enhance the integrity of the Charter.

Proposed National Plan of Action on Violence against Women and Children/Gender Based Violence

The Bureau of Women’s Affairs is at this time working with relevant stakeholders to develop a National Plan of Action on Violence against Women/Gender Based Violence. A forum organized by the Bureau of Women’s Affairs in collaboration with the Gender Advisory Committee (GAC) was conducted to examine recommendations of the recent Amnesty International Report on Sexual Violence as well as revisit recommendations coming out of the 2002 Women’s Manifesto. The forum, which was held on July 14, 2006, will also help to inform the National Gender Policy.

Research

The Centre for Gender and Development Studies based at University of the West Indies continues to conduct research on gender based violence, the most recent study being “The Root Causes of Gender Based Violence”. Research at the regional level also assists Jamaica in the understanding of the causes and consequences of gender based violence and the development of strategies and best practices to address the issue.

Gender Advisory Committee (GAC) and National Gender Policy

A Gender Advisory Committee (GAC) was established by the Government of Jamaica in 2004. The main objective of the Committee is to advise the Government on the strategic policy direction for the gender portfolio and to oversee the development of a comprehensive National Gender Policy. A number of consultative sessions with stakeholders were conducted by the Bureau of Women’s Affairs and it is projected that the Policy will be finalized by September 2006. The National Gender Policy will facilitate the mainstreaming of gender in all government policies and programmes.

Monitoring of the Belém do Pará Convention

To date, since the ratification of the Belém do Pará Convention, no in-depth measures have been put in place. The Bureau of Women’s Affairs has been and continues to highlight the Beijing Platform for Action, the CEDAW and the Belém do Pará Convention at its public education and sensitization sessions on violence against women/gender-based violence. The Bureau’s strategic medium term plan (2005-2008) outlines a public education strategy which includes initiatives to educate and sensitize the judiciary, public sector staff and other stakeholders on the Belém do Pará Convention, the CEDAW, the Millennium Development Goals (MDG’s), the Convention on the Rights of the Child (CRC) and other such agreements.

Brochures and pamphlets on the issues will also be developed to assist in information sharing and awareness-raising. Partnerships are also being brokered with various media houses to facilitate discussion and dissemination of information on these Conventions.

COUNTRY REPORT APPROVED BY THE COMMITTEE OF EXPERTS

ON VIOLENCE (CEVI)

INTRODUCTION

The Government of Jamaica ratified the Convention of Belém do Pará just over a year ago in 2005. The recent ratification of the Convention may have, to some extent, impeded Jamacia’s ability to report adequately at this juncture on implementation of the Convention.

In spite of the recent ratification of the Convention, there is evidence to suggest that the country had been making efforts to prevent, punish and eradicate violence against women. It is therefore commendable that much seems to have been done in putting the requisite legislation in place in support of the aims of the Convention.

While it is apparent that the actions referred to in the report were not driven by the existence of the Convention but were part of the Government’s plan prior to the ratification of the Convention; they serve as adequate responses to the Convention of the Belém do Pará.

STRUCTURE

The Initial report did not comply with the proposed structure for presentation. It merely outlined a series of actions taken by the Government to curtail violence against women. Thus non- compliance with the proposed structure made it difficult to review the report under the suggested headings. Nevertheless, the follow up report by the Competent National Authority of Jamaica, which acknowledges the non-compliance to the structure, commits itself to endeavour to comply to the prescribed structure in the future.

In responding to the five questions raised at the end of the comments on the previous report the Competent National Authority many of the issues emerged. That report now provides a better understanding of the progress made on reducing violence against women and some of the obstacles encountered.

There is still an absence of specific recommendations for the implementation of the Convention and this can stymie future evaluation of the implementation of the Convention by this State.

It may be important to define a set of guidelines for government to follow in implementing the Convention. These guidelines may serve as a benchmark for evaluation.

PROGRESS

The Report indicates that emphasis is placed on legislation. A relatively high level of work has been done in putting legislation in place to deal with issues relating to violence against women. There is however no specific mention of the progress made on enshrining the articles of the Convention into domestic law.

The Report highlighted a number of new initiatives. Among these were the move towards a National Action Plan on (a) Violence against Women and Children and (b) Gender Based Violence. The enactment of sexual harassment legislation must be highly commended. While the initial report provided no details on other victim support, legal aid or shelters that are available in the country, the ANC report on page 2 details the measures that are in place to prevent violence against women. .

Missing from both Reports is any indication that efforts have been made by the Government for sensitizing the public on the existence of the document. The whole population, especially women, need to be aware of the provisions of the Convention. In this regard, advocacy and public awareness must be an integral part of the work around the Convention and children of both sexes should not be overlooked.

OBSTACLES

The ANC report in response to the question, “What are the existing obstacles, if any, to enforcing the laws?” detailed some obstacles that the State faces. These obstacles were however not specific to the implementation of the Belém do Pará but serves as an indication of the challenges faced by the State in enforcing laws generally.

Specific recommendations have to be made for curtailing the difficulties encountered and the requisite suggestions for improvement must be defined.

It is imperative to note however, that many Caribbean countries have been lamenting the limited budgetary allocations, lack of adequate human resource and the absence of systematic and coordinated collection of data on violence against women. It would be interesting to know the extent to which these factors may hinder the implementation of the Convention in Jamaica.

Considering that Jamaica has recently ratified the Convention it would be essential for the expert to identify precise follow up actions that need to be taken to ensure its implementation in that country.

RECOMMENDATIONS

The Report was silent on any recommendations based on the Convention’s provisions as well as any specific recommendations resulting from country specific realities.

QUESTIONS

1. What measures, if any, are in place to prevent violence against women and to punish offenders?

2. Is there any institution/mechanism that attempts the rehabilitation of offenders?

3. Is there a systematic and coordinated approach to data collection on violence against women? Is the data deposited in a central location?

If not, can data reflecting on violence against women be made available to augment the report?

4. What provisions/systems, if any, are in place to compensate women who have been subjected to violence?

5. What are the existing obstacles, if any, to enforcing the laws mentioned in the report?

COMMENT

6. Commend the framers of the Constitution for having included non-discriminatory provisions in the Constitution of Jamaica.

7. The above questions were adequately answered by the ANC and the answers provided greater insight into the Jamaica situation.

-----------------------

[pic]

[pic]

CIM02170E01

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download