A/HRC/16/52/Add.3
violence (section 3(2)(b)(v)). The violation of a court-issued protection order is punishable
by a fine and/or by a prison term of up to six months (section 5(1)). However, owing to
additional gaps in the legislation, the Government has recently engaged with civil society to
make the necessary amendments.
32.
Regarding the protection of victims, women may receive renewable protection
orders. However, their enforcement is not clear, because the law does not foresee patrolling,
but a police officer may arrest a suspect who is believed to be in breach of a protection
order.9 Existing shelters and crisis centres for women are operated by civil society, but they
receive financial subsidies from the Government. In terms of implementation, the
Government has carried out media campaigns and public education programmes to
sensitize women on gender-based violence at the community level, including at churches
and in civic groups. Education on gender-based violence is also offered at all school levels.
Nevertheless, there is no national plan of action to combat domestic violence. When it
enters into force, the Sexual Offences Act will provide greater protection to victims,
including victims of marital rape.
33.
The Trafficking in Persons Act, adopted in 2007, criminalizes the trafficking in
persons and provides for victims’ assistance. A national task force against trafficking in
persons was established as an intergovernmental agency with the responsibility of
providing advisory functions to the Government and coordinating national efforts at
combating trafficking. The Bureau of Women’s Affairs is mainly responsible for
prevention, the Ministry of National Security and the Ministry of Justice for protection, and
the police and the Office of the Director of Public Prosecution for prosecution in cases of
trafficking.
III.
Assessment of the situation
A.
Prevailing violence in the country
34.
The Special Rapporteur is aware of the difficult security situation faced in Jamaica
and its escalating crime rate. The root causes of this high level of violence in the country
are, among others, the drug trade and the trade in firearms, links of criminal gangs to
political parties, corruption, poverty and other socio-economic disparities within the
country and within cities themselves. The Special Rapporteur therefore considers it
essential to address the root causes of this culture of violence, including through
comprehensive policies that can help to bring this high crime rate down.
35.
The Special Rapporteur is also concerned about the high number of murders
committed each year, including the large number of people who are killed in police
operations in circumstances that are not always clear. The Special Rapporteur heard
accounts of murders as a result of excessive use of force by the Jamaican Constabulary
Forces or the Jamaica Defence Forces, which in some cases may amount to extrajudicial
executions. He was also concerned that many investigations are not prompt or effective,
and that prosecutions in cases involving the security forces are rare.10
9
10
Domestic Violence Act, section 5(2).
The Government of Jamaica indicated that the Bureau of Special Investigations must undertake an
investigation into all questionable police shootings. The domestic procedure may involve
investigations by the Office of the Department of Public Prosecution and, if necessary, referral to the
Coroner’s Court to ensure the greatest degree of accuracy in rulings and the preservation of the
credibility, probity and integrity of the investigation and judicial systems. The structure of the
investigative system results in a lengthy period of investigations. This does not render them
9
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