Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families
Concluding observations on Jamaica in the absence of a report *
1.In the absence of a report by the State party, the Committee considered the situation in Jamaica with respect to the implementation of the Convention at its 345th and 346th meetings (see CMW/C/SR.345 and 346), held on 4 and 5 April 2017. On the basis of the replies received from the delegation of the State party and information from, inter alia, other United Nations bodies and mechanisms, the Committee adopted, at its 358th meeting, held on 13 April 2017, the following concluding observations.
A.Introduction
2.Jamaica acceded to the Convention on 25 September 2008. The State party was under the obligation to submit its initial report under article 73 (1) of the Convention by 1 January 2010. In the absence of the report, in accordance with rule 31 bis of its rules of procedure (see A/67/48, para. 26), at its twenty-third session, held in August-September 2015, the Committee adopted a list of issues prior to the submission of the initial report (CMW/C/JAM/QPR/1), which was transmitted to the State party on 29 September 2015.
3.The Committee regrets that the State party did not submit a reply to the list of issues, which would have constituted its report under article 73 of the Convention, despite numerous formal and informal requests to do so. The Committee considers that the State party has failed to comply with its obligations under article 73 of the Convention.
4.The Committee notes the efforts made by the delegation to provide the information requested during the dialogue. The Committee regrets that the delegation, which was composed of the representatives of the Permanent Mission of Jamaica to the United Nations Office and other international organizations in Geneva, was unable to fully provide detailed information. The Committee emphasizes the importance of having technical experts among the members of the State party’s delegation to provide pertinent responses during the dialogue.
5.The Committee is aware that Jamaica, as primarily a country of origin for migrant workers and members of their families, has made some progress in protecting the rights of its nationals abroad. However, it notes that the State party faces difficulties in terms of protecting the rights of nationals on their return to the State party.
6.The Committee also notes that some of the countries in which Jamaican migrant workers are employed are not parties to the Convention, which may constitute an obstacle to the enjoyment by those migrant workers of their rights under the Convention.
7.The Committee further notes that the migratory processes in the State party comprise intraregional and interregional movements, mainly in the direction of North America and Europe, and the existence of a migrant population predominantly from Commonwealth countries.
B.Positive aspects
8.The Committee welcomes the State party’s efforts to combat poverty and inequality, which are some of the primary causes of emigration, and the implementation of Vision 2030 Jamaica, the national human development plan.
9.The Committee notes with appreciation the ratification of or accession to:
(a)The Convention on the Reduction of Statelessness, in January 2013;
(b)The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in August 2011;
(c)The United Nations Convention against Transnational Organized Crime and two of its protocols: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air, in 2003.
10.The Committee welcomes the adoption of the following legislative measures:
(a)The Criminal Justice (Suppression of Criminal Organizations) Act of 2014;
(b)The Trafficking in Persons (Prevention, Suppression and Punishment) Act of 2007 (amended in 2013);
(c)The National Minimum Wage (Amendment) Order of 2011; and
(d)The Child Pornography (Prevention) Act of 2009.
11.The Committee also welcomes the following institutional and policy measures:
(a)The National Action Plan to Combat Trafficking in Persons (2015-2018);
(b)The National Plan of Action on Child Labour (2013);
(c)The Jamaica Emergency Employment Programme (2012);
(d)The National Refugee Policy (2009).
C.Principal subjects of concern and recommendations
1.General measures of implementation (arts. 73 and 84)
Legislation and application
12.The Committee commends the State party for the adoption of legislation on trafficking and refugees that contributes to the implementation of the Convention. However, the Committee is concerned that several laws on migration are obsolete and that the State party has not harmonized them with the Convention. The Committee is particularly concerned that the Deportation (Commonwealth Citizens) Act, the Aliens Act (Cap. 9) and the Immigration Restriction (Commonwealth Citizens) Act criminalize irregular immigration.
13. The Committee recommends that the State party:
(a) Undertake legislative reform to repeal obsolete legislation and harmonize legislation on migration with the Convention and other human rights treaties;
(b) Decriminalize irregular immigration and take the steps necessary to ensure that its national policies and laws, in particular the Deportation (Commonwealth Citizens) Act, the Aliens Act and the Immigration Restriction (Commonwealth Citizens) Act, do not adversely affect the human rights of migrant workers and members of their families, in line with the Convention.
Articles 76 and 77
14. The Committee recommends that the State party consider making the declarations provided for in articles 76 and 77 of the Convention recognizing the competence of the Committee to receive and consider communications from States parties and individuals concerning violations of the rights established by the Convention.
Ratification of relevant instruments
15. The Committee recommends that the State party consider ratifying or adhering to the International Convention for the Protection of All Persons from Enforced Disappearance and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as soon as possible.
Comprehensive policy and strategy
16.The Committee notes the measures taken by the State party to combat poverty and inequality, the leading causes of emigration. The Committee notes the delegation’s response that the State party has developed a policy and plan of action on migration was completed. However, the Committee regrets the lack of information on the extent to which that policy and national action plan uphold the rights guaranteed under the Convention.
17. The Committee recommends that the State party ensure that its policy and action plan on migration fully implement the provisions of the Convention. The Committee invites the State party to include in its next periodic report updated information, supported by statistics, on specific measures taken to implement the rights of migrant workers set out in the Convention, both in law and in practice, including economic, social and related measures aimed at addressing the root causes of Jamaican migration, including irregular migration.
Coordination
18.The Committee commends the State party for establishing three inter-agency coordination committees in 2010, namely the work permit committee, the free movement of persons committee and the National Taskforce against Trafficking in Persons. However, the Committee is concerned that the coordination role played by the Ministry of Foreign Affairs and Foreign Trade relates to human rights in general, and there is insufficient information on the coordination of the main agencies focusing on migration. The Committee is also concerned at their inadequate interaction with civil society