Jamaica’s second Universal Periodic Review (UPR) took place on Wednesday, 13 May during the 22nd session of the UPR.

Jamaica’s second Universal Periodic Review (UPR) took place on Wednesday, 13 May during the 22nd session of the UPR.

ISHR prepared a Briefing Paper on the Situation of Human Rights Defenders in Jamaica to assist States and other stakeholders to formulate questions and recommendations regarding the protection of human rights defenders during Jamaica’s second UPR. In the briefing paper, ISHR called on Jamaica to enact and implement specific laws, policies and measures to recognise and protect human rights defenders and make necessary legislative changes to legalise the defence of the rights of the lesbian, gay, bisexual, transgender and intersex (LGBTI) population and criminalise discrimination on the basis of sexual orientation and gender identity.

In this respect, ISHR welcomes Germany’s recommendation that Jamaica implement measures to recognise and protect human rights defenders, including those defenders of the LGBTI population; as well as Botswana’s recommendation that Jamaica enact and implement laws and policies that recognise and protect human rights defenders, and ensure prompt, thorough and impartial investigations of attacks against them. However ISHR regrets Jamaica’s response to both of these recommendations that ‘there is no basis to conclude that human rights defenders are at risk’, in particular in light of ISHR’s briefing paper which recorded several sources reporting an increase in attacks, harassment and threats against human rights defenders working to protect the rights of the LGBTI community. Disappointingly Jamaica’s rejection of these recommendations is consistent with its rejection of the one recommendation concerning human rights defenders in its first UPR in November 2010, emphasising the view that human rights defenders who defend the rights of the LGBTI community do not require special protections under the law.

A number of States (including Indonesia, Mauritius, Niger, Nigeria, the Philippines, Rwanda, Senegal, Costa Rica, Honduras, Ireland and Portugal) made recommendations calling on Jamaica to establish a National Human Rights Institution in line with the Paris Principles, a recommendation which was set out in ISHR’s briefing paper. Jamaica supported these recommendations, and in respect of some, also noted that it considers it has already implemented or is in the process of implementing them. This response indicates a step forward, in light of Jamaica’s failure to make their position clear regarding five recommendations in its first UPR calling for the establishment of an independent national human rights institution in conformity with the Paris Principles.

ISHR supports Turkey and Guatemala’s call for Jamaica to extend a standing invitation to Special Procedures, a recommendation that was set out in ISHR’s briefing paper. However, ISHR regrets Jamaica’s response that it does not support these recommendations. Again, Jamaica’s response is consistent with its rejection of the two recommendations regarding access to the Special Procedures made in its first UPR, signalling a continuation of Jamaica’s attempt to limit human rights defenders’ access to international protection mechanisms.

While ISHR welcomes Jamaica’s support of the recommendations calling for the establishment of a National Human Rights Institution, it regrets Jamaica’s position on the recommendations in relation to the protection of human rights defenders and a standing invitation to Special Procedures. The situation remains dire on the ground for human rights defenders, in particular those defending the rights of the LGBTI community. The Jamaican Government must take concrete steps to ensure the protection of human rights defenders, establishing accountability for reprisals and combating impunity to solidify Jamaica as a State that respects human rights and the rule of law.