Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Overview

According to the UN Population Fund (UNFPA), "femicide," defined as "intentional homicide of females," is "at epidemic level" in Jamaica (UN 2022-01-19). Freedom House states that "legal protections for women and girls are poorly enforced, and violence and discrimination remain widespread" (2022-02-24, Sec. G3). A 2022 article by the Gleaner, an English-language daily newspaper in Jamaica, cites the Minister of State in Jamaica's Ministry of National Security as indicating that "the number of Jamaicans who reported experiencing domestic abuse or violence" had increased by "almost" 100 percent in the previous five years (The Gleaner 2022-07-20). A 2018 report on a 2016 women's health survey conducted by the Statistical Institute of Jamaica [1], which was the "first" [and remains the most recent] national survey on GBV in Jamaica, indicates that "violence against women in Jamaica is widespread" (Watson Williams 2018, 14, 18, 26). The same source states that "[m]ore than one in every four Jamaican women between the ages of 15 and 64 years of age have, over their lifetime, experienced intimate partner physical and/or sexual violence" (Watson Williams 2018, 18).

2. Legislation
2.1 Sexual Offences Act

The Sexual Offences Act provides the following:

Part II. Rape, Grievous Sexual Assault and Marital Rape

3.—(1) A man commits the offence of rape if he has sexual intercourse with a women—

1. without the woman's consent; and
2. knowing that the woman does not consent to sexual intercourse or recklessly not caring whether the woman consents or not.

(2) For the purposes of subsection (1), consent shall not be treated as existing where the apparent agreement to sexual intercourse is—

1. extorted by physical assault or threats or fear of physical assault to the complainant or to a third person; or
2. obtained by false and fraudulent representation as to the nature of the act or the identity of the offender.

4.—(1) A person (hereinafter called "the offender") commits the offence of grievous sexual assault upon another (hereinafter called the "victim") where, in the circumstances specified in subsection (3), the offender—

1. penetrates the vagina or anus of the victim with—
   
   1. a body part other than the penis of the offender; or
   2. an object manipulated by the offender;
2. causes another person to penetrates the vagina or anus of the victim by—
   
   1. a body part other than the penis of that person; or
   2. an object manipulated by that other person;
3. places his penis into the mouth of the victim;
4. causes another person to place his penis into the mouth of the victim;
5. places his or her mouth onto the vagina, vulva, penis or anus of the victim; or
6. causes another person to place his or her mouth onto the vagina, vulva, penis or anus of the victim.

(2) Subsection (1)(a) and (b) do not apply to penetration carried out in the course of a search authorized by law or for bona fide medical purposes.

(3) The circumstances referred to in subsection (1) are that any of the acts specified in paragraphs (a) to (f) of that subsection is—

1. carried out—
   
   1. without the consent of the victim; and
   2. knowing that the victim does not consent to the act or recklessly not caring whether the victim consents or not; or
2. carried out upon a victim under the age of sixteen years.

(4) For the purposes of subsection (3), consent shall not be treated as existing where the apparent consent to the act is—

1. extorted by physical assault or threats or fear of physical assault to the victim or to a third person; or
2. obtained by false and fraudulent representation as to the nature of the act or the identity of the offender.

5.—(1) A husband commits the offence of rape against his wife if he has sexual intercourse with his wife in any of the circumstances specified in subsection (3)—

1. without her consent; and
2. knowing that she does not consent to sexual intercourse or recklessly not caring whether she consents or not.

(2) For the purposes of subsection (1), consent shall not be deemed to exist where the apparent agreement to sexual intercourse is

1. extorted by physical assault or threats or fear of physical assault to the wife or to a third person; or
2. obtained by false and fraudulent representation as to the nature of the act or the identity of the offender.

(3) The circumstances referred to in subsection (1) are that—

1. the spouses have separated and thereafter have lived separately and apart within the meaning of the Matrimonial Causes Act;
2. there is in existence a separation agreement in writing between the spouses;
3. proceedings for the dissolution of the marriage or for a decree of nullity of marriage have been instituted;
4. there has been made or granted against the husband an order or injunction, as the case may be, for non-cohabitation, non-molestation or ouster from the matrimonial home for the personal protection of the wife;
5. the husband knows himself to be suffering from a sexually transmitted infection.

…

27.—(1) In any proceedings in respect of rape or other sexual offence under this Act, no evidence shall be adduced and no question shall be asked in cross examination relating to the sexual behaviour of the complainant with a person other than the accused, unless leave of the Judge is obtained on application made by or on behalf of the accused.

…

29.—(1) There shall be a Sex Offender Register and a Sex Offender Registry.

(2) The Registry shall be under the day-to-day management of the Commissioner of Corrections and the Register shall be maintained therein.

(3) The Register shall consist of information supplied by persons who are required to make a report under section 30 and such other information as may be prescribed.

…

31. The Superintendent of every correctional institution shall—

1. notify the Sex Offender Registry and the police of the release from that correctional institution for which he is in charge of every person, whether on parole or otherwise, who was convicted of a specified offence, and who is subject to the registration and reporting requirements of this Part; and
2. in such form or manner as may be prescribed, inform such person of his duty to report in accordance with sections 32 and 33. (Jamaica 2009, emphasis in original)

2.2 Domestic Violence Act

The Domestic Violence Act provides the following:

PART II. Application for Orders

3.—(1) The Court, may, on application, grant a protection order or occupation order in accordance with this Act.

(2) An application for an order referred to in subsection (1), may be made—

1. by the spouse or parent in respect of whom the alleged conduct has been, or is likely to be, engaged in by the respondent;
2. where the alleged conduct is used or threatened against a child or dependant by—
   
   1. a person with whom the child or dependant normally resides or resides on a regular basis;
   2. a parent or guardian of the child or dependant;
   3. a dependant who is not mentally disabled;
   4. a person who is approved by the Minister responsible for social welfare to carry out social welfare work; or
   5. a Constable;
3. by a person who is a member of the respondent's household or who is in a visiting relationship with the respondent, in respect of the alleged conduct engaged in or threatened by the respondent toward that person.

(3) An application under subsection (2) may be made on behalf of a person entitled to apply under paragraph (a) or (c) of that subsection by—

1. a Constable; or
2. any other person, whether or not a member of the household, with the leave of the Court.

(4) In determining whether to grant leave under subsection (3)(b), the Court may take into account whether or not—

1. the application is—
   
   1. in accordance with the wishes; or
   2. in the best interests, of the person entitled to apply; and
2. there is any conflict between the interests of the person seeking leave and the person entitled to apply.

Protection Orders

4.—(1) Application may be made to the Court for a protection order to prohibit the respondent—

1. from entering or remaining in the household residence of any prescribed person; or
2. from entering or remaining in any area specified in the order being an area in which the household residence of the prescribed person is located; or
3. from entering the place of work or education of any prescribed person; or
4. from entering or remaining in any particular place; or
5. from molesting a prescribed person by—
   
   1. watching or besetting the household residence, place of work or education of a prescribed person;
   2. following or waylaying the prescribed person in any place;
   3. making persistent telephone calls to a prescribed person;
   4. using abusive language to or behaving towards a prescribed person in any other manner which is of such nature and degree as to cause annoyance to, or result in ill-treatment of the prescribed person; or
   5. damaging any property owned by, or available for the use or enjoyment of, the prescribed person, or any property in the care or custody or situated at the residence of the prescribed person.

(2) On hearing an application under subsection (1), the Court may make a protection order if it is satisfied that—

1. the respondent has used or threatened to use, violence against, or caused physical, or mental injury to, a prescribed person and is likely to do so again; or
2. having regard to all circumstances, the order is necessary for the protection of a prescribed person.

(3) A protection order may be made on an ex parte application if the Court is satisfied that the delay that would be caused by proceeding on summons would or might result in—

1. risk to the personal safety of a prescribed person; or
2. serious or undue hardship, and any protection order made on an ex parte application shall be an interim order.

(4) Where a protection order is granted on an ex parte application, it shall be served personally on the respondent who may apply immediately for it to be discharged.

(5) In making a protection order under this section or an occupation order under section 7, the Court may at the same time, of it [sic] own volition or upon the application of any party applying for the order, make an order, in accordance with the provisions of the Maintenance Act, for the maintenance of—

1. any applicant entitled to be maintained by the respondent; or
2. any member of the household in respect of whom the applicant is entitled to apply for maintenance as against the respondent,

if no such order for maintenance is already in force:

Provided that the duration of an order for maintenance under this section shall not exceed the duration of the protection order made under this section or the occupation order made under section 7, as the case may be.

5.—(1) Where a protection order, whether interim or otherwise, is made and—

1. it is served personally on the respondent; and
2. the respondent contravenes the order in any respect, the respondent commits an offence and is liable on conviction to a fine not exceeding ten thousand dollars [C$89] or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2) Subject to the provisions of this section, where a protection order is in force, a Constable may arrest without warrant a person whom he has reasonable cause to suspect of having committed a breach of the order.

(3) No person shall be arrested pursuant to this section unless a Constable believes that the arrest of that person is reasonably necessary for the protection of the prescribed person.

(4) For the purposes of subsections (2) and (3), the Constable shall take into account—

1. the seriousness of the act which constituted the alleged breach;
2. the time that has elapsed since the alleged breach was committed; and
3. the restraining effect of other persons or circumstances on the respondent.

(5) Where an arrest is made under this section—

1. the person arrested shall be entitled to make a telephone call to one person of his choice, not being the applicant;
2. the Constable who makes the arrest shall ensure that the person arrested is informed, at the time of arrest, of the right conferred by paragraph (a); and
3. the person arrested shall be brought before the Court within a period of forty-eight hours beginning at the time of his arrest.

…

Occupation Orders

7.—(1) Application may be made to the Court by or on behalf of a prescribed person for an occupation order granting the prescribed person named in the order the right to live in the household residence.

…

8.—(1) An occupation order may be made on an ex parte application if the Court is satisfied that—

1. the respondent has used violence against or caused physical or mental injury to a prescribed person; and
2. the delay that would be caused by proceeding on summons could or might expose the prescribed person to physical injury.

(2) An occupation order made on an ex parte application shall be an interim order and shall be served personally on the respondent.

(3) Where the Court grants an occupation order on an ex parte application, the Court shall at the same time make an interim protection order unless it considers that there are special reasons why such an order should not be made.

(4) An occupation order which is made on an ex parte application while the prescribed person and the respondent are living together in the same household residence shall expire—

1. on the discharge of the order by the Court; or
2. on the discharge of an interim protection order made pursuant to subsection (3).

(5) Where an occupation order is made on an ex parte application, the respondent may apply for variation or discharge of that order.

9. Where an occupation order is made the prescribed person to whom it relates shall be entitled, to the exclusion of the respondent, personally to occupy the household residence to which that order relates.

10. The Court may, if it thinks fit, on the application of either party, make an order—

1. extending or reducing any period specified by the Court pursuant to subsection (2) of section 7; or
2. varying or discharging any terms and conditions imposed by the Court pursuant to that subsection.

…

12.—(1) Subject to subsection (2), the Court may on or after making an occupation order, make an order granting to the applicant the use of all or any of—

1. the furniture;
2. the household appliances; and
3. household effects,

in the household residence to which the occupation order relates for such period and subject to such terms and conditions as the Court thinks fit.

(2) An order made under subsection (1) shall continue in force for a period of three months from the date of the making thereof unless the Court otherwise directs but shall expire before that period if the occupation order expires or is discharged. (Jamaica 1996, emphasis in original)

The Gleaner cites a "gender advocate" as stating that the Domestic Violence Act is "inadequate to protect" against domestic violence and does not provide social services for survivors (2023-01-21). The same advocate added that [the authorities] need to take into consideration the "'very complex relationships'" that exist within domestic relationships, since there are emotional, financial and "'even sometimes'" religious ties that make it difficult for survivors to report violence (The Gleaner 2023-01-21).

Nationwide News Network, a multimedia and broadcast technology group in Jamaica (Nationwide News Network n.d.), citing the Minister of Culture, Gender, Entertainment and Sport, notes that the Ministry has completed the draft amendments to the Domestic Violence Act and will submit them to Parliament (2023-03-10, 0:10-0:26). The same source stated that the revision aims to "provide increased support to victims and survivors" of domestic violence (Nationwide News Network 2023-03-10, 0:01-0:07). According to a case study on GBV in Jamaica [2] published by the US Agency for International Development (USAID), "[i]n the legal system in Jamaica, cases are only investigated when a complaint is filed by a survivor whom the law codifies as a crime victim," and the State "does not investigate on behalf of vulnerable individuals, even when there is an abundance of evidence that a crime has occurred" (NORC 2022-02, 18).

3. GBV in Jamaica

According to a report by the World Economic Forum, an international organization for public-private cooperation, lifetime "[p]revalence of gender-based violence" in Jamaica is estimated at 19.7 percent (2022-07, 207, 374). UNFPA states the following:

Notwithstanding progress made in Jamaica in advancing gender equality and women's and girls' empowerment, gender discrimination, including its worst manifestation and forms, such as violence against women and girls, continue to adversely impact all the dimensions of sustainable development in the nation. (UN 2022-01-19)

Spotlight Initiative, an initiative to "eliminate violence against women and girls" that is led by the UN and EU and implemented by the UN (Spotlight Initiative of the UN & EU n.d.), quotes the UN Resident Coordinator ad interim in Jamaica as stating that the "'recent spike in brutal cases of violence against women is evidence of a long-standing challenge in Jamaica, in which girls and women bear the brunt of family violence'" (Spotlight Initiative of the UN & EU 2020-03-09).

The 2016 women's health survey states that "childhood sexual abuse is real for almost one-fifth of Jamaican women" and "girls are mostly abused by someone known to them: a friend or acquaintance" (Watson Williams 2018, 72).

UNFPA reports that "[m]any women often" do not inform others about the "abuse they experience," adding that "in many instances … others who are aware of the abuse" do not report it to the police (UN 2022-01-19).

4. Domestic Violence
4.1 Domestic Violence Against Women

Freedom House states that there is "no blanket ban on spousal rape, nor are there laws against sexual harassment" (Freedom House 2022-02-24, Sec. G3). According to the US Department of State's Country Reports on Human Rights Practices for 2022, "[m]arried women do not have the same rights and protections as single women" in Jamaica since by law, marriage "always implies sexual consent" between spouses (US 2023-03-20, 12). According to the 2016 women's health survey, "women in 'intact' marriages cannot make a claim of rape against their husbands; it is deemed that the consent to sexual relations is ongoing" (Watson Williams 2018, 21).

The Gleaner, citing the Ambassador of the EU to Jamaica, indicates that "despite the progress that has been made," domestic violence "remains prominent" (2021-10-11). In the same article, Jamaica's Minister of National Security notes that incidents of domestic violence "continu[e] to feature prominently among acts of violence" (The Gleaner 2021-10-11).

According to a UNFPA article on GBV in Jamaica, "[i]t is widely recognized" that police statistics do not reflect the "precise" data concerning the "incidence of violence against women and girls," since "many" people "do not report the offence to the police" (UN 2022-01-19). In the 2022 Gleaner article, the Minister of State in Jamaica's Ministry of National Security is cited as stating that "the annual number of reported cases of domestic violence increased from just over 4,000 to around 8,000" in the previous five years and that "'[t]his increase is an indication of greater confidence in our police'"; however, the Minister further noted that domestic violence incidents are "'more prevalent'" than indicated by previous data (The Gleaner 2022-07-20).

The information in the following paragraph was provided in the report on the 2016 women's health survey:

18.4 percent of female respondents who had experienced physical or sexual partner violence "remained silent." Of survivors who disclosed their experience, 40 percent told their friends, 35.1 percent their mother, 27.8 percent their siblings, 19.3 percent the police, 19.1 percent their neighbours, 16.9 percent their father, and 14.8 percent their children. While the "majority" of survivors shared their experience with someone, "[a]lmost two-thirds" (63 percent) did not seek help. The reasons provided by respondents for not seeking support include perceiving violence as "normal [or] not serious" (36.7 percent) and being embarrassed or ashamed or being afraid of not being believed or being blamed (7.2 percent). Moreover, among those respondents who did seek help, 39.1 percent reported receiving "no help" (Watson Williams 2018, 62, 72, 131).

Spotlight Initiative, citing 2018 statistics from an unnamed source, indicates that 2 out of 10 Jamaican girls aged 15 to 19 years believe "it is okay for a husband or partner to hit his wife or partner" (Spotlight Initiative of the UN & EU 2020-03-09). The 2016 women's health survey found that 32.2 percent of the respondents "agreed that a wife should obey her husband even if she disagrees with him," and 31.4 percent indicated that a wife is "obligated to have sex with her husband whenever he wants, except when she is sick or menstruating" (Watson Williams 2018, 38).

The 2016 women's health survey provides the following statistics regarding the lifetime and current prevalence of types of "intimate partner violence" nationally:

(Watson Williams 2018, 16, 44)

The 2016 women's health survey also provides the following statistics on women's attitude towards intimate partner violence by area of residence:

(Watson Williams 2018, 44, 40)

4.2 Domestic Violence Against Men

The Caribbean National Weekly (CNW), an online news source published by a South Florida-based Caribbean news network, cites the head of the Public Safety and Security Branch of the Jamaica Constabulary Force (JCF) as indicating that "men are more likely to be reluctant to report incidents of domestic violence" (2022-01-24). CNW cites a coordinator for the JCF Domestic Violence Intervention Centres (DVICs) [see section 7 of this Response] as stating that "over 50 reports of domestic abuse were filed by men" in 2021 (2022-01-24). The same JFC coordinator added that although "more men are coming forward" to report, there are "those who do not" due to the "stigma connected to men who disclose domestic abuse" (CNW 2022-01-24). According to an article written by a relationship counsellor and religious minister, published by the Jamaica Observer, a Jamaican newspaper, although men are not "physically abused at the rate that women are, getting an accurate number is difficult because some men will never expose [their abuse]" (Jamaica Observer 2022-11-21).

4.3 Domestic and Sexual Violence Against Children

Freedom House reports that "[c]hild abuse, including sexual abuse, is widespread" in Jamaica (2022-02-24, Sec. G3). According to US Country Reports 2022, "the legal minimum age for marriage" in the country is 18, "but children may marry at 16 with parental consent" (US 2023-03-20, 15). UNICEF notes that children are "exposed to violence from an early age" and the "most common form is violent discipline at home, inflicted by parents and caregivers" (UN n.d.). The same source indicates that "corporal punishment is not yet legally prohibited" in Jamaica (UN n.d.). According to a 2017 UNICEF report, 8 in 10 children between the ages of 2 and 14 experience "some form of violent discipline" in Jamaica (UN 2017-11-01). The same source adds that 24 percent of girls between 10 and 15 years indicate that they were "forced to have sex on their first sexual encounter" (UN 2017-11-01).

5. NSAP-GBV and Its Implementation

The Gleaner reports that Jamaica's "principal policy" on GBV is the NSAP-GBV (2022-07-20). A 2017 article by the Jamaica Information Service (JIS), a government agency responsible for producing and providing information (Jamaica n.d.a), quotes a representative of the UN Entity for Gender Equality and the Empowerment of Women (UN Women) Multi-Country Office in the Caribbean as indicating that the NSAP-GBV "follows a globally recognised due-diligence framework'" (Jamaica 2017-12-06).

None in Three (Ni3), a centre for researchers engaged in GBV prevention research (Ni3 n.d.), states the following regarding Jamaica's action plan to eliminate GBV:

The plan focuses on five interlinked priority areas: (1) prevention, (2) protection (psychosocial and health), (3) investigation, prosecution, and enforcement of court orders, (4) enforcement of victim's rights to compensation, reparation, and redress, and (5) protocols for coordination of NSAP and data management systems. The plan indicates that data collection protocols and mechanisms will be standardised to assess the prevalence of GBV. Prevention strategies will be aimed at the whole population to transform people's attitudes, behaviours, and practices which support violence against women. Effective prevention, it was noted, will ease the economic burden of GBV. The Bureau of Gender Affairs (BGA) under the coordination of the Ministry of Culture, Gender, Entertainment and Sport (MCGES) will be the lead agency for the implementation of the NSAP-GBV. (2020-08, 5)

According to a note on their response to GBV during the COVID-19 pandemic, the MCGES indicates that 415 girls, who are enrolled in the Programme for Adolescent Mothers under the NSAP-GBV, received "'Dignity Packages'" (Jamaica n.d.b, 3). According to a JIS article, the MCGES partnered with the Women's Centre of Jamaica Foundation, an organization that helps girls under 18 who withdrew from school due to a pregnancy, to provide dignity packages that include "food, toiletries and other essential items" to teen parents and expectant mothers; according to one recipient, their package also includes 2,000 Jamaican dollars (JMD) [C$18] (Jamaica 2020-04-07). Further and corroborating information on the implementation of the NSAP-GBV could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

6. State Protection

According to UNFPA, in June 2022 the government of Jamaica, through the BGA, signed a partnership with UNFPA to address GBV with a focus on "empowering women by providing access to available, readily accessible, quality, essential services for long-term recovery" (UN 2022-06-30).

JIS quotes the Minister of National Security and Deputy Prime Minister as stating that "'[i]n 2021, 544 civilians were trained as first responders to domestic violence across the island, while 108 police officers have been trained to manage the [DVICs]'" (Jamaica 2022-06-02).

The information in the following paragraph was provided by the case study on GBV published by USAID:

According to study participants, police do not take GBV, "particularly" intimate partner violence, "seriously," since it is "generally consider[ed]" to be "'a domestic family matter or between lovers'" and the police "do not want to get involved." "Police often dismiss GBV reports, ridicule women and men survivors, or send them away on a technicality, such as not adhering to the dress code"; for example, a woman was turned away because she sought police protection in her nightgown. Interviewees indicate that

GBV prevention and protection programs are scarcely available or accessible, and under-resourced where they do exist. There is reportedly very little justice for GBV survivors, owing to a culture of silence related to GBV cases, inadequate or non-response by law enforcement, and an absence of a survivor-centered judicial system. (NORC 2022-02, 10, 12)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

6.1 Spotlight Initiative

According to their website, the Spotlight Initiative is a "collaborative effort" between the Government of Jamaica, the EU and the UN to combat GBV (Spotlight Initiative of the UN & EU 2020-03-09). According to JIS, the Spotlight Initiative is a "three-year programme costing approximately US$10.9 million" (Jamaica 2021-04-22). The Spotlight Initiative indicates that their program aims to "prevent and reduce family violence, which mostly affects girls and women" in four parishes including Kingston and St. Andrew, St. Thomas, Clarendon and Westmoreland (Spotlight Initiative of the UN & EU 2020-03-09). JIS provides the following information about the program:

With support from UNFPA and the UN, a set of policy documents for the quality and coordinated intersectoral service delivery to survivors of GBV was developed. This will guarantee them continuum of care and will integrate services from all government agencies for the group.

The policy includes shared knowledge and pre-packaged survivor-centred information on a range of options available to survivors; uninterrupted case management process; integrated intake and management of data, which allows a survivor to move from agency to agency without them having to repeat the process of entering the system. (Jamaica 2022-06-24)

The UNFPA notes that another objective of the Spotlight Initiative is to "scale up and sustain the implementation of the Health and Family Life Education (HFLE) curriculum" with a "stronger focus" on GBV and domestic violence; the HFLE curriculum is taught in primary and secondary schools in Jamaica to support the acquisition of "life skills" (UN 2022-01-19).

JIS, citing the UNFPA Deputy Director, notes that the UNFPA "has facilitated training" of 350 members of the JCF to provide "'appropriate responses in cases of domestic violence'" (Jamaica 2022-06-24).

A JIS article, citing the Prime Minister of Jamaica, Andrew Holness, reports that the 2021 plan for the Spotlight Initiative include training on understanding GBV for "nurses, police officers, justice system personnel, and other front-line workers" (Jamaica 2021-04-22). In the same article, the Prime Minister added that this initiative also helps men and boys "'to address the toxic masculinity that is embedded in the society'" (Jamaica 2021-04-22).

The Gleaner, quoting the Principal Director of the BGA, states that "'there is increased awareness on issues concerning family violence'" due to the Spotlight Initiative (2022-07-20). Further and corroborating information on the implementation and outcomes of the Spotlight Initiative could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

6.2 Sex Offender Registry

According to the website of the Jamaica Department of Correctional Services (DCS), the sex offender registry allows authorities "to keep track of activities of sex offenders," including those who have completed their criminal sentences (Jamaica n.d.c). The same source provides the following information about the registry:

1. The Sex Offender Registry in Jamaica is headed by a Registrar and is under the daily management of the [DCS.]
2. The Sex Offender Registry was established in July 2014[.]
3. The Registry is governed by the Sexual Offences Act, 2009 and The Sexual Offences (Registration of Sex Offenders) Regulations, 2012[.]
4. Sex Offender Registry Registration Centres are located at the parish Probation Offices[.]
5. Offenders are kept on the register and are monitored for at least 10 years before they are eligible for termination of the registration and reporting requirements[.]
6. The law in its present stage does mandate for victims to be informed if their convicted offenders will be residing in their communities or relocated there at later dates[.]
7. Removal of registrants from the Sex Offender Register can only be ordered by a judge[.]
8. Offenders should not leave Jamaica before first notifying the Registry. (Jamaica n.d.c)

7. Support Services

According to UNFPA, "a helpline and two State-run shelters for survivors of GBV" have been established in Jamaica through a partnership between the government and UNFPA (UN 2022-06-30). The same source notes that survivors who seek out these services will receive confidential "assistance from trained staff" as well as information to "make informed decisions" (UN 2022-06-30).

Another UNFPA article reports that in May 2022 fifteen Jamaican health care providers received "officia[l]" certification as "first-line respondents" for GBV survivors (UN 2022-06-06). The same source notes that the healthcare providers are "equipped with the knowledge and skills needed to assist survivors" of GBV and are also in charge of training their colleagues to improve health care response and provide "necessary support for GBV victims across Jamaica" (UN 2022-06-06).

The Gleaner reports that in 2021 the government launched six DVICs at "select" police stations throughout the country as part of the Spotlight Initiative, in addition to two DVICs each in St. Andrew and St. Thomas that were already in operation (2021-10-11). The JCF website lists 10 DVICs located at police stations in the parishes of Clarendon, Kingston, St. Ann, St. Catherine, St. Elizabeth, St. Mary, St. Thomas and Westmoreland (Jamaica n.d.d). However, a May 2022 article by Jamaica Observer reports that there are six DVIC centres operating under the JCF Community Safety and Security Branch across Jamaica (2022-05-12).

The Spotlight Initiative report notes that DVICs provide counselling and "immediate care to victims," which includes referrals to "legal and health services" and "access to justice services" (Spotlight Initiative of the UN & EU 2023-02, 44). Jamaica Observer indicates that DVICs are "staffed with police personnel trained in domestic violence intervention measures, along with psychologists and other professionals" (2022-05-12). The Gleaner, citing an October 2021 address by the Police Commissioner, indicates that "704 cases of domestic violence were referred to the four existing centres since the start of [2021]" (2021-10-11). JIS indicates that in addition to DVICs, the police have organized "pop-up clinics" across Jamaica to bring awareness of domestic violence to the public (Jamaica 2022-06-02).

A 2022 article by Jamaica Observer reports that a DVIC was established in Alexandria, St Ann in November 2021 (2022-05-12). A JCF senior superintendent interviewed by the same source stated that there has been an "increasing number of residents" using the DVIC in St. Ann and that the number of domestic violence cases in the area is "not as concerning as last year" (Jamaica Observer 2022-05-12). However, Jamaica Observer notes that statistics on "domestic-related" murders are "not readily available" (2022-05-12).

The Gleaner, quoting an interview with the gender advocate, notes that domestic violence services being located inside a police station can "'make it very difficult for somebody to report'" (2023-01-21).

8. COVID-19 Pandemic and Domestic Violence

In an April 2020 interview with the Gleaner, the Executive Director of Woman Inc., an NGO that manages crisis centres in Kingston and St. James, including the "largest residential facility" for domestic violence survivors in Jamaica, noted that calls to their hotlines have "slowed to a trickle" since the start of the COVID-19 pandemic (The Gleaner 2020-04-12). The Executive Director further noted that with the movement restrictions implemented in response to COVID-19, victims may not be able to call since the abuser is always present in the home (The Gleaner 2020-04-12). Sources note that the GBV situation in Jamaica "worsened" due to the pandemic (Jamaica 2021-04-22; UN 2022-11-23), as women and girls were "forced into lockdown" in their homes and neighbourhoods (UN 2022-11-23). According to Jamaica Observer, the JCF saw "an uptick in domestic violence cases" during the pandemic (2022-11-21). JIS quotes Prime Minister Holness as stating that the COVID-19 pandemic "has worsened" the GBV situation and that "'more than 700 new cases were reported to the Victim Support Unit [3] in March and April 2020 when compared to previous months'" (Jamaica 2021-04-22). The UNFPA notes that in 2021 "133 women were killed by their partners" in Jamaica, meaning that "one woman was killed every two to three days" (UN 2022-11-23).

Radio Jamaica News, a Jamaican radio station and media network, states that the Paediatric Association of Jamaica reported as of late May 2020 that there had been a 70 percent increase in cases of "child sex abuse" since the pandemic began (2020-05-28). A pediatrician interviewed for the same article stated that the incidents "mostly" involved girls between 3 and 12 years old (Radio Jamaica News 2020-05-28).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The women's health survey was conducted in 2016 by the Statistical Institute of Jamaica, with technical and financial support from the UN Entity for Gender Equality and the Empowerment of Women (UN Women) and Inter-American Development Bank (Watson Williams 2018, 26). The survey was based on interviews with a total of 1,106 female respondents between the ages of 15 and 64 from rural and urban areas across Jamaica, as well as 20 focus groups convened with the assistance of local organizations (Watson Williams 2018, 30, 31, 34). The survey report was written by Carol Watson Williams, a social policy analyst and researcher, who is also the founder and Principal Consultant at reThink Social Development Limited, a Jamaican social research organization working on "solutions to interdisciplinary social issues" (DevelopmentAid n.d.).

[2] For the Jamaica case study on GBV impunity, "[o]ver a period of two months, the team conducted 28 [key informant interviews] with relevant institutional actors and NGO service providers that interact with GBV survivors, and with GBV survivors themselves" (NORC 2022-02, 3). The respondents were 24 women and 4 men, and data was collected "online or by phone via end-to-end encryption platforms" (NORC 2022-02, 3).

[3] The Victim Support Unit, now called the Victim Services Division, is an "arm" of the Jamaica's Ministry of Justice "established to provide therapeutic interventions for all victims of crime" (Jamaica n.d.e).

References

Caribbean National Weekly (CNW). 2022-01-24. Patrick Green. "Jamaica Constabulary Force Encourages Men to Report Instances of Domestic Violence." [Accessed 2023-03-03]

DevelopmentAid. N.d. "reThink Social Development Ltd." [Accessed 2023-04-06]

Freedom House. 2022-02-24. "Jamaica." Freedom in the World 2022. [Accessed 2023-03-06]

The Gleaner. 2023-01-21. Sashana Small. "Activists Agitate for Stronger Laws to Shield Women from Abuse." [Accessed 2023-02-28]

The Gleaner. 2022-07-20. Ainsworth Morris. "Near 100 Per Cent Rise in Domestic Violence Reports in Five Years." [Accessed 2023-02-23]

The Gleaner. 2021-10-11. "Six New Centres to Aid Police in Domestic Violence Intervention." [Accessed 2023-03-02]

The Gleaner. 2020-04-12. Livern Barrett. "Domestic Abuse Caution – Experts Wary of Gender-Based Violence During COVID-19 Stay-At-Home Measures." [Accessed 2023-04-18]

Jamaica. 2022-06-24. Jamaica Information Service (JIS). "A Collaboration to Assist Victims of GBV." By Garfield L. Angus. [Accessed 2023-02-28]

Jamaica. 2022-06-02. Jamaica Information Service (JIS). "Domestic Violence Intervention Centres Established at Police Stations." By Latonya Linton. [Accessed 2023-02-28]

Jamaica. 2021-04-22. Jamaica Information Service (JIS). "Gender-Based Violence Training for Front-Line Workers." By Latonya Linton. [Accessed 2023-03-01]

Jamaica. 2020-04-07. Jamaica Information Service (JIS). "Expectant Teen Grateful for COVID-19 Dignity Package." By Ainsworth Morris. [Accessed 2023-04-13]

Jamaica. 2017-12-06. Jamaica Information Service (JIS). "10-Year Action Plan to Eliminate Gender-Based Violence Launched." By Chris Patterson. [Accessed 2023-04-13]

Jamaica. 2009. The Sexual Offences Act. [Accessed 2023-02-24]

Jamaica. 1996 (amended 2004). The Domestic Violence Act. [Accessed 2023-02-22]

Jamaica. N.d.a. The Office of the Prime Minister. "Jamaica Information Service (JIS)." [Accessed 2023-04-06]

Jamaica. N.d.b. Ministry of Culture, Gender, Entertainment and Sport. A Gender Transformative Response to Mitigate the Impact of Gender-Based Violence (GBV) During the COVID- 19 Crisis. [Accessed 2023-03-07]

Jamaica. N.d.c. Department of Correctional Services (DCS). "Sex Offender Registry." [Accessed 2023-02-24]

Jamaica. N.d.d. Jamaica Constabulary Force (JCF). "Domestic Violence Intervention Centers Locations & Contact Details." [Accessed 2023-03-03]

Jamaica. N.d.e. Ministry of Justice. "Victim Services Division." [Accessed 2023-04-26]

Jamaica Observer. 2022-11-21. Christopher Brodber. "Battered Men, Abusive Women." [Accessed 2023-03-06]

Jamaica Observer. 2022-05-12. Akera Davis. "Beating Domestic Violence." [Accessed 2023-03-02]

National Opinion Research Center (NORC), University of Chicago. 2022-02. Jody-Ann Reece, et al. Gender-Based Violence Impunity Regional Study: Jamaica Case Study. Latin America and Caribbean Learning and Rapid Response (LACLEARN). United States Agency for International Development (USAID). [Accessed 2023-04-21]

Nationwide News Network. 2023-03-10. Abigail Bartley. "Gov't Earmarks $50m for West Regional Gender-Based Violence Shelter." [Accessed 2023-03-16]

Nationwide News Network. N.d. "About Us." [Accessed 2023-03-06]

None in Three (Ni3). 2020-08 (originally published 2018-04). Jamaica – Gender Based Violence Policy Briefing. [Accessed 2023-02-24]

None in Three (Ni3). N.d. "About the Centre." [Accessed 2023-02-24]

Radio Jamaica News. 2020-05-28. "Child Sexual Abuse Cases Increase by 70% Since COVID-19." [Accessed 2023-03-09]

Spotlight Initiative of the United Nations (UN) – the European Union (EU). 2023-02. Annual Narrative Programme Report: Spotlight Initiative to Eliminate Family Violence, with Focus on Violence Against Women and Girls, in Jamaica. [Accessed 2023-04-18]

Spotlight Initiative of the United Nations (UN) – the European Union (EU). 2020-03-09. "Spotlight Initiative Is Working to Prevent Family Violence in Jamaica." [Accessed 2023-02-27]

Spotlight Initiative of the United Nations (UN) – the European Union (EU). N.d. "Who We Are." [Accessed 2023-02-27]

United Nations (UN). 2022-11-23. UN Population Fund (UNFPA). "Police Providing Better Services for GBV Survivors in Jamaica - A Survivor-Centered Approach." [Accessed 2023-02-24]

United Nations (UN). 2022-06-30. UN Population Fund (UNFPA). "Survivors of Violence Against Women and Girls in Jamaica Enabled to Access Improved Services." [Accessed 2023-02-27]

United Nations (UN). 2022-06-06. UN Population Fund (UNFPA). "15 Healthcare Providers Certified as Trainers for First-Line Responders on Caring for GBV Survivors." [Accessed 2023-02-27]

United Nations (UN). 2022-01-19. UN Population Fund (UNFPA). "UNFPA in Jamaica Collaborates with Government and CSOs to Address GBV and Family Violence, Scale Up HFLE." [Accessed 2023-02-27]

United Nations (UN). 2017-11-01. UN Children's Fund (UNICEF). "UNICEF Deeply Concerned About Child Murders, Sexual Violence and Violent Discipline." [Accessed 2023-03-07]

United Nations (UN). N.d. UN Children's Fund (UNICEF). "Child Protection." [Accessed 2023-03-06]

United States (US). 2023-03-20. Department of State. "Jamaica." Country Reports on Human Rights Practices for 2022. [Accessed 2023-03-06]

Watson Williams, Carol. 2018. Women’s Health Survey 2016 Jamaica. [Accessed 2023-02-27]

World Economic Forum. 2022-07. Global Gender Gap Report 2022. [Accessed 2023-02-24]

Additional Sources Consulted

Internet sites, including: ACAPS; Amnesty International; Associated Press; Austrian Red Cross – ecoi.net; Belgium – Commissariat général aux réfugiés et aux apatrides; Caribbean Policy Research Institute; Center for Reproductive Rights; Center for Strategic and International Studies; Global Human Rights Defence; The Guardian; Human Rights Watch; International Crisis Group; International Rescue Committee; Insight Crime; Jamaica Coalition Against Domestic Violence; Jamaicans for Justice; Minority Rights Group International; Physicians for Human Rights; Thomson Reuters Foundation; Transparency International; UK – Home Office; UN – Human Rights Council, Refworld, ReliefWeb, UN News, UN Volunteers, WHO; US – Library of Congress, Office to Monitor and Combat Trafficking in Persons, Overseas Security Advisory Council; Women's International League for Peace and Freedom.