# Jamaica - United States Department of State

- Devon Smikle On September 12, 2019, Devon Smikle, Local Guard Force, U.S. Embassy Kingston, Jamaica, was gunned down. It is believed that he was murdered because of his affiliation with DS and his work in aiding in a fraud investigation.
- Leroy Jones On July 17, 2020, Leroy Jones, Residential Security Coordinator and former Local Guard Force, U.S. Embassy Kingston, Jamaica, was gunned down. It is believed that he was murdered because of his affiliation with DS and his work in aiding in a fraud investigation.
- Jamaica HomeReportsBureau of Democracy, Human Rights, and Labor2023 Country Reports on Human Rights Practices&#8230;Jamaica				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Country Reports on Human Rights Practices: Jamaica																																					Bureau of Democracy, Human Rights, and Labor																																																																																							Download Report																																																							Translations																																																																 In this section										/																							EXECUTIVE SUMMARY																																													EXECUTIVE SUMMARY																															Section 1. Respect for the Integrity of the Person																																																									a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings																																																																											b. Disappearance																																																																											c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses																																																																			Prison and Detention Center Conditions																																																																																																																		d. Arbitrary Arrest or Detention																																																																			Arrest Procedures and Treatment of Detainees																																																																																																																		e. Denial of Fair Public Trial																																																																			Trial Procedures																																																								Political Prisoners and Detainees																																																																																																																		f. Transnational Repression																																																																											g. Property Seizure and Restitution																																																																											h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence																																																																																	Section 2. Respect for Civil Liberties																																																									a. Freedom of Expression, Including for Members of the Press and Other Media																																																																			Internet Freedom																																																																																																																		b. Freedoms of Peaceful Assembly and Association																																																																											c. Freedom of Religion																																																																											d. Freedom of Movement and the Right to Leave the Country																																																																											e. Protection of Refugees																																																																																	Section 3. Freedom to Participate in the Political Process																																																									Elections and Political Participation																																																																																	Section 4. Corruption in Government																															Section 5. Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights																															Section 6. Discrimination and Societal Abuses																																																									Women																																																																											Systemic Racial or Ethnic Violence and Discrimination																																																																											Indigenous Peoples																																																																											Children																																																																											Antisemitism																																																																											Trafficking in Persons																																																																											Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics																																																																											Persons with Disabilities																																																																											Other Societal Violence or Discrimination																																																																																	Section 7. Worker Rights																																																									a. Freedom of Association and the Right to Collective Bargaining																																																																											b. Prohibition of Forced or Compulsory Labor																																																																											c. Prohibition of Child Labor and Minimum Age for Employment																																																																											d. Discrimination (see section 6)																																																																											e. Acceptable Conditions of Work																																																																																																							EXECUTIVE SUMMARY				There were no significant changes in the human rights situation in Jamaica during the year.Significant human rights issues included credible reports of:  arbitrary or unlawful killings, including extrajudicial killings; cruel, inhuman, or degrading treatment by the government; harsh and life-threatening conditions in prisons and detention facilities; arbitrary arrest or detention; serious government corruption; extensive gender-based violence; substantial barriers to reproductive health services; laws criminalizing consensual same-sex sexual conduct between adults, although the government did not enforce the law during the year; and crimes involving violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons.The government did not take credible steps to identify and punish officials who may have committed human rights abuses.																														Section 1.													 Respect for the Integrity of the Person												    																																																a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings										There were numerous reports government security forces committed arbitrary or unlawful killings, including extrajudicial killings, during the year.  Most complaints and reports cited the Jamaica Constabulary Force, both in its roles as an independent agency and as part of joint military-police activity.The total number of fatalities involving security forces, justifiable or otherwise, increased over prior years, with 108 reports as of September 11.  The Independent Commission of Investigations (INDECOM) investigated police for several fatal shootings, including that of a Kingston man killed on September 6.  Following the death, members of his community staged protests, accusing police of shooting him in cold blood.  In November 2022, INDECOM recommended murder charges against a soldier who fatally shot a Kingston man during a clash under a state of emergency in November 2022, but as of September 11, prosecutors had not decided to pursue charges, and INDECOM did not have direct prosecutorial authority.Charges against members of the security forces took years to process, primarily due to investigatory backlogs, trial delays, and appellate measures.  Numerous cases awaited prosecution.																																				b. Disappearance										There were no reports of disappearances by or on behalf of government authorities.																																				c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses										The constitution prohibited treatment determined to be inhuman or degrading, although there was no definition of torture in the law.Following a widely viewed video in June that appeared to show three police beating an unarmed man during a traffic stop, INDECOM urged members of the public to come forward and report police abuses.There were allegations of cruel, inhuman, and degrading treatment or punishment of individuals in police custody and in correctional facilities.  INDECOM investigated reports of alleged abuse committed by police and prison officials, including 10 deaths while in custody and at least one report of sexual assault by a Department of Corrections officer.Most reports of abuse to INDECOM described intimidation, excessive physical force in restraint, and restricted access to medical treatment.  Reports included several credible allegations of sexual assault by security forces.  Representatives of nongovernmental organizations (NGOs) expressed concern there was underreporting by victims, particularly by the vulnerable or persons with mental disabilities.INDECOM investigated actions by members of the security forces and other state agents that resulted in death, injury, or the abuse of civil rights.  As of September 11, INDECOM investigated 764 complaints of abuse by police, including wrongful deaths, assaults, and mistreatment.The government rarely criminally prosecuted members of the security forces for abuses.  Many cases faced significant delays due to court backlogs.  One INDECOM investigation resulted in a correctional officer being charged in March for the July 2020 death of an inmate in custody at the Tower Street Correctional Center.																Prison and Detention Center Conditions						Conditions in prisons and detention facilities were harsh and life threatening due to gross overcrowding, physical abuse, limited food, poor sanitary conditions, inadequate medical care, and poor administration.  Prisoners with mental disabilities and children in juvenile correctional facilities represented the most vulnerable populations facing harsh conditions.Abusive Physical Conditions:  Correctional facilities were significantly overcrowded.  At times, cells in the maximum-security facility at Tower Street held three times the intended capacity.  Cells were dark and dirty, with poor bathroom and toilet facilities and limited ventilation.Allegations of abuse were particularly frequent at juvenile detention centers.  Prisoner-on-prisoner violence was common, including severe violence against prisoners targeted for their perceived lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) identity.  Video released in January showed an inmate at a pretrial police lockup being severely beaten and attacked with scalding liquid by several other inmates who accused him of being gay.Prisoners sometimes did not receive required medication, including medication for HIV, according to the UN Program on HIV and AIDS.Administration:  Independent authorities investigated allegations of abuse and inhuman conditions.  Investigations were infrequent, and the number of official complaints likely underrepresented the scope of the problems, according to a human rights NGO.Independent Monitoring:  Justices of the peace and representatives from the Police Civilian Oversight Authority regularly visited correctional centers and detention facilities such as lockups and remand centers.  Justices of the peace reported their findings to the Ministry of Justice, while the Police Civilian Oversight Authority submitted reports to the Ministry of National Security.  Both entities made recommendations to improve overall conditions.  Citizen groups and NGOs stated the ministries rarely acted on these recommendations.INDECOM investigated actions by staff members at correctional facilities and other state agents that resulted in death, injury, or the abuse of civil rights.  INDECOM’s legal mandate required it to investigate all prisoner deaths that occurred at a correctional facility, including deaths reported as a result of natural causes.																										d. Arbitrary Arrest or Detention										The constitution prohibited arbitrary arrest and detention but allowed arrest if there was “reasonable suspicion of [a person] having committed or ... about to commit a criminal offense.”  The law provided for the right of any person to challenge in court the lawfulness of their arrest or detention, and the government generally observed these requirements.  Observers noted abuses arose, however, because police regularly ignored the “reasonable suspicion” requirement.  Detention rates were high, particularly in areas subject to focused law enforcement operations, and arraignment procedures were very slow.The country suffered from high levels of homicide, crime, and violence.  The declaration of states of emergency (SOE) granted the military and police the ability to search, seize, and arrest citizens without a warrant.  The prime minister was able to declare an SOE for up to 14 days; extensions required parliamentary approval.  The government frequently declared SOEs in large regions across the island during the year, often repeating declarations in a given area immediately following an SOE’s expiration due to the government’s inability to gain parliamentary approval for extensions.  The opposition People’s National Party challenged in court the use of repeated SOEs, questioning their constitutionality.  In June, a court awarded significant financial damages to a man detained for more than 20 days without charge in St. James Parish during an SOE in 2020.The government was able to declare zones of special operations (ZOSOs), which conferred to security forces some additional detention authorities such as were applied in SOEs.  During the year, the prime minister extended seven ZOSOs the government stated it viewed as necessary to reduce crime and violence.  Some communities operated as ZOSOs for most of the year.  Arbitrary and lengthy detentions took place in ZOSOs.  Few of these detentions resulted in charges.																Arrest Procedures and Treatment of Detainees						Police were able to make arrests without a warrant when a felony, treason, or breach of the peace was committed or attempted in an officer’s presence.  Following an arrest, the officer was required to inform the suspect of the offense(s) for which the individual was arrested.Officers were able to execute a warrant lawfully issued by a judge or justice of the peace without being in possession of the warrant.  The officer was required to produce the warrant as soon as practical after the arrest if the suspect requested it.  The decision to charge or release needed to be made within 48 hours, although a judge or justice of the peace could extend the period of custody.Security forces did not always follow these official procedures.  According to government officials and civil society organizations, public perception was that police sometimes made arrests without judicial authorization.There were reports of arrests and prolonged periods of detention in which police did not inform the suspect of the official charges.  There were reports detainees did not have access to legal counsel and apprehended suspects could not notify family members.  By law, every person charged with an offense was entitled to consideration for bail, although those charged with murder, treason, or other crimes punishable by imprisonment were sometimes denied bail on “substantial grounds” they would fail to surrender to authorities or would commit another offense while on bail.  The procedure lent itself to low-level corruption in which police would accept bribes to forgo an arrest.Arbitrary Arrest:  Most cases of arbitrary detention were in the parishes of St. James, St. Catherine, Kingston, and St. Andrew.  The government declared ZOSOs and deployed the military to these areas to support police.  Under these orders, security forces carried out wide-ranging campaigns of detention and incarceration in attempts to contain violence.  There were few official investigations or prosecutions of security force members involved in arbitrary arrests.  Citizens accused of crimes enjoyed effective legal representation in judicial criminal proceedings and successfully challenged unlawful arrests and detentions within the court system.Pretrial Detention:  Lockups were intended for short-term detentions of 48 hours or less, but the government often held suspects in these facilities for much longer periods without charge or while awaiting trial.  A lack of administrative follow-through after an arrest created situations where persons were incarcerated without any accompanying paperwork.  In some cases – days, weeks, months, or years later – authorities could not ascertain the reason for the arrest.  On September 11, a prisoner suffering from mental illness committed suicide after being held for 22 years without trial at the governor general’s discretion.  INDECOM estimated there were more than 100 prisoners deemed unfit to plead due to mental illness who were similarly incarcerated indefinitely.																										e. Denial of Fair Public Trial										The constitution provided for an independent judiciary, and the government generally respected judicial independence and impartiality.  A backlog of criminal cases in some courts, however, led to the denial of a fair public trial.  Criminal proceedings sometimes extended for years.  Cases were delayed primarily due to incomplete files and the failure of witnesses, parties, attorneys, or investigating officers to appear.Criminal courts decreased the court case backlog, especially at the parish court level, through additional training, additional equipment, and an increased use of plea bargains.  The case clearance rate for the second quarter of the year was 108 percent, which meant for every 100 new cases that entered the courts, 108 were concluded.  On September 18, Chief Justice Bryan Sykes declared that parish-level courts were backlog free.																Trial Procedures						The constitution provided for the right to a fair and public trial, and the judiciary generally enforced this right.						Political Prisoners and Detainees						There were no reports of political prisoners or detainees.																										f. Transnational Repression										Not applicable.																																				g. Property Seizure and Restitution										Not applicable.																																				h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence										Although the constitution prohibited arbitrary or unlawful interference, the law gave broad powers of search and seizure to security personnel.  The law allowed warrantless searches of a person, vehicle, ship, or boat if police had reasonable suspicion of criminal activity.  On occasion, police were accused of conducting searches without warrants or reasonable suspicion.In the areas with ZOSOs and SOEs, government security forces took biometrics from temporarily detained persons.  Civil society organizations challenged this practice, arguing that retaining the information and failing to delete it after police released the detained person effectively criminalized persons who subsequently were not charged.																																					Section 2.													 Respect for Civil Liberties												    																																																a. Freedom of Expression, Including for Members of the Press and Other Media										The constitution provided for freedom of expression, including for members of the press and other media, and the government generally respected this right.  An independent media, generally effective judicial protection, and a functioning democratic political system combined to promote freedom of expression, including for media members.Nongovernmental Impact:  An unidentified gunman fired several shots at the Kingston headquarters of the Nationwide News Network in September.  While the motive was unclear and nobody was injured, representatives from the government and media condemned the attack, as it occurred several days after People’s National Party General Secretary Dayton Campbell accused the network of being an “incubator for the Jamaica Labour Party.”																Internet Freedom						The government did not restrict or disrupt access to the internet or censor online content.																										b. Freedoms of Peaceful Assembly and Association										The constitution provided for the freedoms of peaceful assembly and association, and the government generally respected these rights.																																				c. Freedom of Religion										See the Department of State’s International Religious Freedom Report at  https://www.state.gov/religiousfreedomreport/.																																				d. Freedom of Movement and the Right to Leave the Country										The law provided for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.  The government did not provide documentation in a timely fashion for Jamaican nationals ordered removed from foreign countries, leaving some individuals awaiting repatriation for more than a year.																																				e. Protection of Refugees										The government generally cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern.Access to Asylum:  The law did not provide clear procedures for the granting of asylum or refugee status, and the government had not established a consistent system for providing protection to refugees.  The government handled each potential asylum seeker administratively on an individual basis.Some NGOs criticized the government for inadequately explaining asylum rights and procedures to 37 persons from Haiti in July who were convicted of illegal entry into Jamaica.  Local human rights groups ultimately applied for asylum on their behalf.  Another group of 36 Haitians, including children, arrived on the island in September and was deported within 24 hours.  Civil society groups accused the government of failing to explain the Haitians’ rights to them or provide the Haitians with an adequate opportunity to apply for asylum.Durable Solutions:  Through registration, the government was able to grant Jamaican citizenship to persons with citizenship in another Commonwealth country.																																					Section 3.													 Freedom to Participate in the Political Process												    																						The law provided citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.																										Elections and Political Participation										Abuses or Irregularities in Recent Elections:  National elections were widely reported to be fair and free of abuses and irregularities.																																					Section 4.													 Corruption in Government												    																						The law provided criminal penalties for corruption by officials, but the government generally did not implement the law effectively.  There were numerous reports of government corruption, and corruption was a significant problem of public concern.  Media and civil society organizations criticized the government for being slow and at times reluctant to prosecute corruption cases.Corruption:  A July 10 report by the Integrity Commission, an independent anti-corruption body, alleged corruption of six parliamentarians who were being investigated for illicit enrichment.  The individuals under investigation were not named due to laws prohibiting disclosure of investigation details prior to the tabling of a report in Parliament.Speaker of the House of Representatives Marisa Dalrymple-Philibert resigned under pressure on September 22 after the Integrity Commission brought criminal charges against her for omissions in her mandatory financial declarations.For additional information concerning corruption in Jamaica, please see the Department of State’s Investment Climate Statement for the country and the Department of State’s International Narcotics Control Strategy Report, which includes information on financial crimes.																											Section 5.													 Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights												    																						Domestic and international human rights groups generally operated without government restriction to monitor or investigate human rights conditions or cases and publish their findings.  Government officials were somewhat responsive to the views of these groups.  The Integrity Commission was harshly criticized by political leaders for pursuing what the leaders described as “witch hunts” against members of parliament.  Several officials called for the abolition of the Integrity Commission or the dismissal of its director, with Minister of Justice Delroy Chuck publicly accusing the commission in June of political bias and a lack of integrity.The United Nations or Other International Bodies:  The government declined to provide substantive responses to precautionary measures and other directives issued by the Inter-American Commission on Human Rights and the UN Committee on the Elimination of Racial Discrimination regarding recognition and protection of Maroon communities, which identified as Indigenous.Government Human Rights Bodies:  The Office of the Public Defender investigated abuses of constitutional rights and engaged with claimants in a process to seek remediation from the government.  The Office of the Public Defender was not authorized to appear in court but could retain attorneys to represent claimants.  The Office of the Public Defender could not investigate cases affecting national defense or actions investigable by a court of law.  Although the Office of the Public Defender was generally considered independent, Parliament was able to ignore the public defender’s findings or decline to act on recommended actions.  This limited the overall efficacy of the public defender.																											Section 6.													 Discrimination and Societal Abuses												    																																																Women										Rape and Domestic Violence:  The law criminalized rape of women under some but not all circumstances.  The rape of a woman was legally defined only as forced penile penetration of the vagina by a man; it was illegal and carried a penalty of 15 years to life imprisonment.  Forced anal penetration of a woman or man was not legally defined as rape and could be punished by only a maximum of 10 years in prison.  This strict definition created wide discrepancies between cases that otherwise had similar elements of rape.  The government did not always enforce the law with respect to the vaginal rape of a woman and was even less effective in cases involving men survivors, according to civil rights groups.Married women did not have the same rights and protections as single women.  By law, marriage always implied sexual consent between husband and wife.  The law criminalized spousal rape only when one of the following criteria was met:  the act occurred after legal separation or court proceedings to dissolve the marriage; the husband was under a court order not to molest or cohabit with his wife; or the husband knew he had a sexually transmitted disease.Advocacy groups contended rape was significantly underreported because victims had little faith in the judicial system and were unwilling to endure lengthy criminal proceedings.  Sexual violence and intimate partner violence were widespread.The government operated a Victim Services Division (VSD) to provide direct support to all crime victims, including crisis intervention, counseling, and legal advocacy.  The VSD managed 13 independent offices throughout the country, each with its own hotline and staff of trained providers.  The VSD coordinated with a network of NGOs capable of providing services such as resiliency counseling and operating shelters, although overall NGO capacity was limited.The Child Protection and Family Services Agency (CPFSA) provided similar services exclusively for children, although both the VSD and the CPFSA were too understaffed to provide comprehensive care to the populations they served.  There were insufficient shelters in the capital area for women and children, and even fewer were available outside the capital area, or for men.  Police and first responders received training from an international NGO on referral mechanisms and services available to child crime victims.Other Forms of Gender-based Violence or Harassment:  According to the Caribbean Policy Research Institute, a regional think tank, one in four women reported being sexually harassed during their lifetime.  Harassment was common and severe in professional environments, illustrated by reports a woman journalist was threatened with rape at an opposition party event for wearing green, the color of the ruling Jamaica Labour Party.The 2021 Sexual Harassment Act took effect in July, creating a legal definition of sexual harassment in private workplaces and public institutions.  The law provided legal recourse for victims, including a sexual harassment tribunal that could receive complaints up to six years after an act of sexual harassment and could impose fines.Discrimination:  Although the law provided the same legal status and rights for women as for men, including equal pay for equal work, the government did not enforce the law effectively.  Women encountered discrimination in the workplace.  Women often earned less than men while performing the same work.  Women were restricted from working in some factory jobs.  Domestic workers, almost all women, were particularly vulnerable to workplace discrimination and sexual harassment.  LGBTQI+ women, women living in rural areas, and women with disabilities reported significantly higher levels of discrimination, particularly in employment.Reproductive Rights:  There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.Access to contraception and skilled health attendance during pregnancy and childbirth were available, although availability was limited in impoverished or rural communities.  While social and religious pressure against contraception created significant barriers to access, contraceptives were generally available and affordable.  Children were required by law to have parental consent to access contraception.Women had access to emergency health care, including for the management of consequences arising from abortions.  The standard of care varied widely and was low in some places, particularly in rural communities.  The government provided access to sexual and reproductive health services for sexual violence survivors.  Emergency contraceptives and postexposure prophylaxis were provided to sexual violence survivors as part of the standard medical response to rape.																																				Systemic Racial or Ethnic Violence and Discrimination										The constitution provided for the right to freedom from discrimination based on race and skin color, but there were no laws or regulations prohibiting discrimination on the grounds of ethnicity.The population was 92 percent Black, and there were few reports of racial discrimination.  Some media sources reported incidents of colorism (favoring lighter-skinned persons within an ethnic group) by employers or against patrons in upper-class establishments.  The government did not investigate these incidents.While the public-school curriculum included robust discussions of race, there were no government programs designed specifically to counter racial or ethnic biases.																																				Indigenous Peoples										The country’s Maroons, descendants of runaway enslaved persons, identified as Indigenous but were not recognized as such under the law.  Smaller groups identifying as Taino were similarly unrecognized by the government.  Maroon and Taino groups protested the loss of their traditional lands.  These groups pursued action against the government in domestic courts, the Inter-American Commission on Human Rights, and the UN Committee for the Elimination of Racial Discrimination, seeking recognition and involvement in the government’s decision-making processes.The government failed to provide essential services to some Maroon communities, including the Accompong Maroons, which claimed sovereignty.  Human rights groups reported the government blacklisted these communities from receiving government support and discouraged private companies from investing in their communities.																																				Children										Education:  Free education through the secondary level was guaranteed only to Jamaican citizens.Child Abuse:  The law banned child abuse and mistreatment in all its forms, including neglect.  The penalties included a large fine, a prison sentence with hard labor for a term not exceeding five years, or both.The law banned corporal punishment in all government-run children’s homes and places of safety (government-run or regulated private institutions).  The law required anyone who knew of or suspected child abuse in any form to report to the National Children’s Registry.  There was a potential penalty of a large fine, six months’ imprisonment, or both for failure to report.  The government opened several child-friendly spaces during the year, where law enforcement provided child crime victims with assistance and service referrals in a trauma-informed setting.  The CPFSA and the Office of the Children’s Advocate maintained child abuse hotlines.Despite these laws and programs, corporal punishment and other forms of child abuse were prevalent.Girls disproportionately experienced sexual harassment, gender-based violence, and sexual abuse.  Cases were widespread and varied.Boys experienced disproportionately high levels of physical violence, including corporal punishment both at home and at school.  Boys were 25 percent more likely to be put up for adoption and 25 percent less likely to be adopted.The head of the CPFSA was forced to resign following a government investigation that revealed she exposed children in state care to danger by continuing a partnership with the head of an international NGO.  The NGO head had a history of engaging in sexually explicit communication with girls.  This led to the revictimization of several girls in government-operated care facilities.Child, Early, and Forced Marriage:  The legal minimum age for marriage was 18, but children could marry at age 16 with parental consent.Sexual Exploitation of Children:  The law criminalized the commercial sexual exploitation of children, which included the production, possession, importation, exportation, and distribution of child pornography.  The crime carried a maximum penalty of 20 years’ imprisonment and a large fine.  The law prohibited child sex trafficking and prescribed a penalty of up to 30 years’ imprisonment.  There were reports of the commercial sexual exploitation of children and child sex trafficking.The law criminalized sexual relations between an adult and a child younger than age 16 and provided for penalties ranging from 15 years to life imprisonment.																																				Antisemitism										Approximately 500 persons in the country practiced Judaism.  There were no reports of antisemitic incidents.																																				Trafficking in Persons										See the Department of State’s Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report.																																				Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics										Criminalization:  The law criminalized consensual sexual conduct between men, with penalties of up to 10 years in prison with hard labor.  Attempted sexual conduct between men was also criminalized, with penalties up to seven years in prison.  Physical intimacy, or the solicitation of such intimacy, between men, in public or private, was punishable by two years in prison under gross indecency laws.  The Inter-American Commission on Human Rights stated the law legitimized violence towards LGBTQI+ persons.  There were no credible efforts to rescind anti-LGBTQI+ discriminatory laws.LGBTQI+ advocacy groups reported the government did not prosecute consensual sexual conduct between men.Violence and Harassment:  LGBTQI+ advocates reported an increase in attacks against LGBTQI+ individuals by criminals utilizing online dating apps to lure victims into situations where LGBTQI+ persons were robbed, beaten, sexually assaulted, and sometimes killed.  The government took positive steps to improve law enforcement’s treatment of and government services to victims.  Many LGBTQI+ children faced persecution and bullying in their homes or communities.The NGO Equality for All Foundation reported that during the year it received 18 complaints of violence against LGBTQI+ persons, a number similar to previous years.  Many of the cases reported during the year occurred in prior years.Underreporting of violence against LGBTQI+ persons was a problem since many victims were reluctant to go to police due to expected inaction by police.  A local NGO reported government officials, including police, had improved their response to LGBTQI+ rights violations.Discrimination:  The law did not prohibit discrimination by state and nonstate actors based on sexual orientation, gender identity or expression, or sex characteristics.  LGBTQI+ individuals experienced discrimination in many areas, including housing, employment, marriage, and protections against domestic violence.  The law did not recognize LGBTQI+ couples nor did it grant them rights equal to those of other persons.Availability of Legal Gender Recognition:  Individuals were not legally allowed to register a change of gender.Involuntary or Coercive Medical or Psychological Practices:  LGBTQI+ advocates reported churches, families, and other faith-based organizations employed coercive psychological measures in attempts to “convert” LGBTQI+ individuals.  There were no laws specifically prohibiting these practices.  Advocates reported some families sought unnecessary surgical procedures for intersex children, although these procedures were carried out in a quiet and nonsystematic way.Restrictions of Freedom of Expression, Association, or Peaceful Assembly:  There were no legal restrictions on LGBTQI+ gatherings or on freedom of expression on LGBTQI+ issues.																																				Persons with Disabilities										The law prohibited discrimination against persons with disabilities, although it did not consistently mandate accessibility standards and did not effectively enforce the law.  Persons with disabilities encountered difficulties accessing education, employment, health services, public buildings, communications, transportation, and other services due to the lack of accessible facilities.  The government did not provide all information in accessible formats.  Civil society groups criticized the government for failing to include perspectives from persons with disabilities in the country’s constitutional reform process and for designing a public education campaign on constitutional changes that did not present information in accessible formats.There were reports of violence against persons with disabilities.  In February, police arrested two high school students after a videotape emerged of them severely beating an autistic classmate.There were limitations in access to primary school education for children with disabilities, although the constitution provided all children the right to primary education.  Media reported some children with disabilities, particularly in rural areas, received no education at all.  There was a lack of suitably trained teachers to care for and instruct students with disabilities.  Postprimary and postsecondary educational services, vocational training, and life skills development opportunities for persons with disabilities were limited.  Health care reportedly was sometimes difficult to access, especially for persons with hearing disabilities and persons with mental disabilities.  Access problems were more pronounced in rural regions.Institutionalized Children:  The government placed some children with disabilities who lacked sufficient parental care in orphanages run by the government called “Places of Safety.”  There was a small number of reports of children being placed in these facilities over the objections of their biological parents or other caretakers.																																				Other Societal Violence or Discrimination										Civil society groups, international organizations, and government officials cited stigma of and discrimination against HIV as factors contributing to low numbers of individuals being treated for HIV.  The country’s legal prohibition of consensual sexual conduct between men disproportionately affected HIV treatment for subpopulations such as men who had sex with men and individuals who were LGBTQI+, where HIV infection levels were higher than average.  Some individuals with HIV reported difficulty obtaining medical care, to the extent that some delayed seeking medical attention or traveled abroad to receive treatment.The government collaborated with international programs to address HIV-related stigma and discrimination.  Measures included training healthcare providers on human rights and medical ethics; sensitizing lawmakers and law enforcement officials; reducing discrimination against women in the context of HIV; improving legal literacy; providing legal services; and monitoring and reforming laws, regulations, and policies relating to HIV.The law prohibited HIV-related discrimination in the workplace and provided some legal recourse to persons with HIV who experienced discrimination.  In rural areas and poor urban areas, there was less knowledge of government services and programming related to HIV.																																					Section 7.													 Worker Rights												    																																																a. Freedom of Association and the Right to Collective Bargaining										The law provided for the right of workers to form or join independent unions and to bargain collectively.  The law did not provide for the right to strike, but also did not prohibit strikes.  Courts have stated that workers who strike repudiate their contract of employment, thus giving the employer the option to terminate the contract.The law prohibited antiunion discrimination and provided for the Industrial Disputes Tribunal (IDT) to reinstate a worker who was unjustifiably dismissed.  The law made it a criminal offense to prevent or deter a worker from exercising the right to participate in trade union activities or to dismiss, penalize, or otherwise discriminate against a worker for exercising these rights.The government defined 10 categories of services as essential.  Before workers in these categories could legally strike, they had to take their dispute to the Ministry of Labor and Social Security and attempt to settle the dispute through negotiation.The International Labor Organization (ILO) expressed concern that penalties could be imposed on workers for their membership and participation in an unregistered trade union.  The ILO also expressed concern the government could inspect unions and request information regarding trade union finances at any time, which would potentially be intrusive.The government enforced the law in most cases regarding freedom of association and the right to collective bargaining in the formal sector, except in export-processing zones.  Penalties were commensurate with those under other laws involving denials of civil rights.  The government sometimes applied penalties against violators, although judicial delays often weakened enforcement measures.Worker organizations largely operated without interference, although the government maintained the right to monitor their activities.  Some labor unions reported private-sector workers feared management retaliation against unionization.  For example, it was not uncommon for private-sector employers to dismiss union workers and rehire them as contractors with fewer worker protections.Legal procedures allowed firms and other large employers to appeal and delay resolution of their cases for years, thus burdening the plaintiffs.  According to the law, cases should be resolved within 21 days, but the IDT took several months to decide most cases.  Parties could apply for judicial review by the Supreme Court.																																				b. Prohibition of Forced or Compulsory Labor										See the Department of State’s annual Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report.																																				c. Prohibition of Child Labor and Minimum Age for Employment										See the Department of Labor’s Findings on the Worst Forms of Child Labor at  https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings&nbsp;.																																				d. Discrimination (see section 6)																																														e. Acceptable Conditions of Work										Wage and Hour Laws:  The minimum wage was above the nationally estimated poverty line.  Most workers received more than the legal minimum wage.The law provided for a standard 40-hour workweek and mandated at least one day of rest per week.  Employers were required to compensate work in excess of 40 hours per week at overtime rates, a provision most employers respected.  The law provided for paid annual holidays.  The government did not universally apply the law that restricted workdays to 12 hours or less.  Allegations of labor law violations occurred across many sectors but were most common in predominantly informal industries such as construction and domestic work.Occupational Safety and Health:  The Occupational Safety and Health (OSH) Department maintained and enforced OSH standards under ILO guidelines appropriate for the main industries.  Department inspectors actively identified unsafe conditions through conducting inspections, investigating accidents, warning violators, and granting them a period in which to correct violations.  The department could bring violators to court if the violator did not correct a violation within a given time frame.  The law had no provisions that explicitly gave workers the ability to remove themselves from hazardous conditions without jeopardy to employment, although the IDT could reinstate workers who were unfairly dismissed.  Following a summer of record-breaking temperatures, labor organizers and medical professionals called for updated OSH laws, criticizing existing laws as being insufficient to protect worker safety.Wage, Hour, and OSH Enforcement:  The law stipulated penalties and fines for minimum wage, overtime, and OSH laws, and the minister of labor and social security had the authority to increase any monetary penalty.  Legal fines or imprisonment for OSH violations were lower than penalties for similar crimes.  The Ministry of Labor and Social Security gained compliance in the vast majority of cases by threatening legal action.  The ability of defendants to repeatedly appeal a case dulled the effectiveness of penalties.The government did not effectively enforce the law.  The number of inspectors was insufficient to enforce compliance, and inspections took place only in the formal sector.  Penalties were rarely applied to violators.Local think tanks and labor leaders estimated the informal economy generated more than 40 percent of GDP and accounted for approximately 30 percent of the labor force.  Informal sector workers were covered by wage, hour, OSH, and other labor laws.  The Ministry of Labor and Social Security sometimes provided social protections.  Most violations pertaining to acceptable conditions of work occurred in the informal sector.																																				    							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Respect for the Integrity of the Person																																							a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings																																																						b. Disappearance																																																						c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses																																																				Prison and Detention Center Conditions																																																																																				d. Arbitrary Arrest or Detention																																																				Arrest Procedures and Treatment of Detainees																																																																																				e. Denial of Fair Public Trial																																																				Trial Procedures																																												Political Prisoners and Detainees																																																																																				f. Transnational Repression																																																						g. Property Seizure and Restitution																																																						h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence																																																			Section 2. Respect for Civil Liberties																																							a. Freedom of Expression, Including for Members of the Press and Other Media																																																				Internet Freedom																																																																																				b. Freedoms of Peaceful Assembly and Association																																																						c. Freedom of Religion																																																						d. Freedom of Movement and the Right to Leave the Country																																																						e. Protection of Refugees																																																			Section 3. Freedom to Participate in the Political Process																																							Elections and Political Participation																																																			Section 4. Corruption in Government																Section 5. Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights																Section 6. Discrimination and Societal Abuses																																							Women																																																						Systemic Racial or Ethnic Violence and Discrimination																																																						Indigenous Peoples																																																						Children																																																						Antisemitism																																																						Trafficking in Persons																																																						Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics																																																						Persons with Disabilities																																																						Other Societal Violence or Discrimination																																																			Section 7. Worker Rights																																							a. Freedom of Association and the Right to Collective Bargaining																																																						b. Prohibition of Forced or Compulsory Labor																																																						c. Prohibition of Child Labor and Minimum Age for Employment																																																						d. Discrimination (see section 6)																																																						e. Acceptable Conditions of Work																																																									Tags																					Bureau of Democracy, Human Rights, and Labor																								Bureau of Western Hemisphere Affairs																								Jamaica
- Worcester Man Pleads Guilty to Passport Fraud and Illegal Reentry For Immediate Release – April 11, 2024Click here to read more about this&nbsp;
- Secretary Blinken’s Meeting with Jamaican Prime Minister Holness Office of the SpokespersonThe below is attributable to Spokesperson Matthew Miller:Secretary of State Antony J. Blinken met with Jamaican Prime Minister Andrew Holness today in Kingston, Jamaica. Secretary Blinken thanked Prime Minister Holness for hosting the CARICOM High-Level Meeting on Haiti, and for Jamaica’s partnership in facilitating an expedited Multinational Security Support mission deployment to Haiti. He reiterated the United States’s support for a proposal developed in partnership with CARICOM and Haitian stakeholders to expedite a political transition through a creation of a broad based, independent presidential college. Secretary Blinken and Prime Minister Holness reiterated security and stability in the Caribbean region as a shared priority of the United States and Jamaica.
- Secretary Antony J. Blinken at a High-Level Meeting on Haiti Antony J. Blinken, Secretary of StateKingston, JamaicaPegasus HotelSECRETARY BLINKEN:  Mr. President, thank you.  Thank you for your leadership today, but thank you for your leadership every day, along with Prime Minister Holness for bringing us together today, all of the CARICOM heads of government for organizing the meeting, but also – and more important – for the sustained commitment that we’ve seen from everyone from around this table and people beyond this table to helping Haiti and its people in what is an extraordinarily difficult time.  And both the president and the prime minister have very eloquently shared what that challenge is for the people of Haiti.That’s what brings us together today: a political crisis, escalating violence, unrest.  This has created an untenable situation for the Haitian people.  And we all know that urgent action is needed on both the political and security tracks to help move things in a better direction, to help do right by the people of Haiti.We’re here in Kingston today to listen – to listen to your ideas, but also to provide our concrete support for the way forward, and in particular, the joint proposal that was developed by CARICOM and all of the Haitian stakeholders to expedite a political transition.  We support the plan to create a broad-based, inclusive, independent presidential college that would, in particular, first, take concrete steps to meet the immediate needs of the Haitian people; second, enable the swift deployment of the Multinational Security Support Mission; and third, through that deployment, through a reinforced Haitian National Police, create the security conditions that are necessary to hold free and fair elections, to allow humanitarian assistance to get to people who need it, and to help put Haiti back on a path to economic opportunity and growth.Now, we’ve spent the day – and in fact, the last several days – in intense conversations on the phone, by video conference, here in Kingston to work this path forward – one that, as you’ve heard from both the president and the prime minister, is Haitian-led, Haitian-conceived, but with the critical support of countries around this table.Today’s work that I’m also confident, along with my colleagues, is now sketching that path forward is an opportunity to continue the work toward consensus on an enduring, inclusive, and representative transition.What we’ve seen in recent days, again, should remind us that the already challenging and difficult security situation has now deteriorated even further and makes the Multinational Support Mission even more important than ever.  The United Nations Security Council has reaffirmed that and reaffirmed a collective commitment to deploy it as quickly as possible.Given this increasingly urgent need, I’m announcing today that the United States Department of Defense is doubling its approved support for the mission from $100 million to $200 million, and that brings the total U.S. support – (applause) – to $300 million for this effort.  I’m also announcing additional humanitarian assistance for the people of Haiti: $33 million to further support their health and food security.Now, all of us know that only the Haitian people can, only the Haitian people should determine their own future – not anyone else.  But all of us here – CARICOM, the United States, our other partners – we can help.  We can help restore a foundation of security that can address the tremendous suffering that innocent Haitians are experiencing, and help create the conditions that will enable them to have that opportunity.So I think we’ve had an intense and good day today already.  This is coming together in a positive direction, and I hope the discussions we’ll continue to have can now finalize a plan that will move us forward.Again, thank you very much, Mr. President and Mr. Prime Minister.  (Applause.)
- Secretary Antony J. Blinken and Jamaican Prime Minister Andrew Holness Before Their Meeting Antony J. Blinken, Secretary of StateKingston, JamaicaPegasus HotelPRIME MINISTER HOLNESS:  Secretary, though we have met so may times before, I have not had the privilege to say welcome to Jamaica.SECRETARY BLINKEN:  Thank you.PRIME MINISTER HOLNESS:  And we are very, very pleased to have you here today.  Many important matters to discuss – Haiti high on the agenda, but of course there are bilateral issues which we will discuss.  The United States continues to be a very strong partner, development partner for Jamaica.  We have very strong ties culturally, economically, to people-to-people.  We value those ties and we look forward to the conversation which will go on (inaudible).SECRETARY BLINKEN:  Prime Minister, thank you very much.  It’s wonderful to be here in Jamaica, to be back in Jamaica.  I’ve been here a number of times in the past but not in this – not in this job.  It was so good to have you in Washington (inaudible).  I think today’s meeting on Haiti is so critical.  Bringing CARICOM together is a testament to Jamaica’s leadership – leadership in the hemisphere that we share, leadership at a critical moment, a critical moment for Haiti but also a critical moment for all of us.But as you said, we also have many important issues on our bilateral agenda.  For us, Jamaica is a critical partner – an economic partner, a security partner, and a diplomatic partner.  And so the opportunity today as well to work through and talk through some of those issues is very, very valuable.  And as you said, the ties between our countries every single day are extraordinary.  There are millions of Americans of Jamaican descent.  Every day (inaudible) our country and carry it forward.  We’re so grateful for that, but especially the day-in, day-out work that our countries do together that we want to deepen and strengthen.  I’m grateful, Prime Minister, to you for your leadership and for bringing all of us together today on (inaudible) and we hope progress will be made on this.  Thank you.
- Travel to Jamaica, March 11, 2024 HomeTravels with the Secretary of State &#8230;Travel to Jamaica, March 11, 2024				hide		if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}																										Travel to Jamaica, March 11, 2024																																																																																																																																																																																																																																																																																																																																																																																																																Close																																																	Tags																					Bureau of Western Hemisphere Affairs																								Jamaica																								The Secretary of State
- Secretary Blinken’s Travel to Jamaica to Attend High Level Meeting on Haiti Matthew Miller, Department SpokespersonSecretary Antony J. Blinken will travel to Kingston, Jamaica today to attend the High-Level Meeting on Haiti convened by the Conference of the Heads of Government of the Caribbean Community (CARICOM). The Secretary will discuss the proposal developed in partnership with CARICOM and Haitian stakeholders to expedite a political transition in Haiti through the creation of a broad-based, independent presidential college as well as the deployment of a Multinational Security Support Mission to address the ongoing security crisis.The Secretary will also meet with Jamaican Prime Minister Andrew Holness to discuss bilateral and regional issues and reaffirm our strong and enduring ties with Jamaica.
- U.S.-Caribbean Engagement to Counter Firearms Trafficking Office of the SpokespersonUnited States Ambassador to the United Nations Linda Thomas-Greenfield led a U.S. delegation to Guyana to participate in the U.S.-Caribbean Community (CARICOM) Dialogue on February 25, 2024.  Her engagement builds on Vice President Kamala Harris’ April 2022 meeting  with Caribbean leaders, the Vice President&#8217;s June 2023 engagement  of Caribbean leaders in The Bahamas, and Secretary of State Antony J. Blinken’s participation in the 50th Anniversary of CARICOM in July 2023 in Trinidad and Tobago. The following are activities stemming from recent US efforts in the region.Countering Firearms TraffickingBipartisan Safer Communities Act (BSCA): Signed into U.S. law in July 2022, the BSCA dramatically increased criminal penalties for straw purchasers and U.S.-sourced firearms trafficking. Provisions under the “Stop Illegal Trafficking in Firearms Act” assign further penalties for smuggled firearms or ammunition out of the United States, with the intent to promote transnational organized crime.Recent Firearms Cases: On February 1, Haiti’s 400 Mawozo gang leader Joly Germine pleaded guilty  to his role in a gunrunning conspiracy that smuggled firearms to Haiti in violation of U.S. export laws, and the laundering of ransoms paid for U.S. hostages to the gang in 2021. His former girlfriend, Eliande Tunis, pleaded guilty to the same 48-count indictment. Jocelyn Dor, a Haitian citizen also affiliated with 400 Mawozo, was sentenced  to 60 months in prison on February 28 for her role in a firearm smuggling scheme between the United States and Haiti. On February 26, Elieser Sori-Rodriguez was sentenced  to 57 months in prison for smuggling firearms from the United States to the Dominican Republic.Coordinator for Caribbean Firearms Prosecutions: In July 2023, the Department of Justice named a Coordinator for Caribbean Firearms Prosecutions to elevate firearms trafficking and prosecutions and help implement the provisions of the BPSA.  The Coordinator has since attended an Association of Caribbean Chiefs of Police meeting, traveled to Jamaica and met with Jamaica’s Prime Minister and Minister of Foreign Affairs, and met with the CARICOM Implementation Agency for Crime and Security Leadership.  He will travel to Trinidad and Tobago this spring to meet with host nation counterparts, Caribbean officials at the CARICOM Crime Gun Intelligence Unit, and U.S. law enforcement partners at Embassy Port of Spain.Operation Hammerhead: Partnering with the CARICOM Crime Gun Intelligence Unit (CGIU) , U.S. Homeland Security Investigations initiated an interagency, multijurisdictional surge operation to target illicit firearms being trafficked from the United States to the Caribbean.  Through collaboration with Caribbean partners, Operation Hammerhead has, to date, resulted in seizures of 339 firearms, 26,495 rounds of ammunition and over 400 magazines.Training on Firearms Investigations: In 2023, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) supported training for 270 Caribbean police officers on firearms investigations, including familiarization training on Privately Made Firearms (Ghost Guns) and 3D-printed firearms.  To advance firearms trafficking prosecutions in the United States, ATF conducted extensive domestic training on applying anti-trafficking provisions in the 2022 Bipartisan Safer Communities Act (BSCA) to disrupt and dismantle international trafficking schemes.Haiti Transnational Criminal Investigative Unit (TCIU): On February 13, 2024, Homeland Security Investigations and the Government of Haiti signed a Memorandum of Cooperation to formally establish the Haiti TCIU, which will facilitate the exchange of information between law enforcement partners in the United States and Haiti, and enhance cross-border investigative capabilities to prosecute those involved in transnational criminal activities. TCIUs are multi-discipline units comprised of vetted foreign law enforcement, prosecutors, and customs, immigration and intelligence officials that share information and operational activities. This complements the work of existing TCIUs in the Caribbean, located in Jamaica and the Dominican Republic.Holiday Cargo Screening: In advance of the 2023 holiday season, U.S. agencies surged resources to screen outbound cargo from the United States to the Caribbean via freight forwarders at the Miami River.  Caribbean partners advised U.S. law enforcement counterparts that firearms traffickers take advantage of the annual surge in U.S.-Caribbean shipping to hide firearms and firearms components in “blue barrel” shipments bound for the Caribbean.Saint Lucia Forensics Lab: The State Department is proud to have partnered with Saint Lucia to make its forensics lab a Regional Center of Excellence, working toward laboratory accreditation under the International Organization for Standardization.  This project is part of a $2.2 million United States investment in strengthening Caribbean forensics capabilities. The Regional Center of Excellence will enable Saint Lucian law enforcement and regional counterparts to collect and analyze crime scene evidence in the region, ensuring that criminals can be arrested, tried, and convicted more quickly, with scientific evidence.