A/HRC/16/2 International was concerned that death sentences continued to be handed down and that the authorities justified the retention of the death penalty as the will of the people. It urged Jamaica to reconsider a number of recommendations, namely, to repeal legislation that criminalized consensual same-sex activities and to include a specific prohibition of discrimination on the grounds of sexual orientation in the Charter of Rights bill. 4. Concluding remarks of the State under review 650. Jamaica thanked the delegations and stakeholders for their remarks, in particular those that had recommended the adoption of the report. Jamaica reiterated that there was no legal discrimination against persons on the basis of their sexual orientation in the country, nor did the Government condone discrimination or violence against such persons. Where such actions were brought to the attention of the authorities, they were dealt with in accordance with the law. 651. Jamaica provided additional information on the issues of justice and law enforcement reform. Efforts in this regard had recently been made, such as the promulgation by the Jamaican Constabulary of enhanced guidelines for the use of force by its members and the adoption by the Jamaican Defence Force of updated guidelines for its members operating in support of law enforcement operations. Jamaica also provided information on efforts made to improve the conditions of detention at various institutions and places of detention. It underscored the fact that the Government had established a commission of Parliament to undertake investigations concerning action by State agents that resulted in the death or injury to person. 652. Jamaica thanked the members of the Human Rights Council for the attention paid to the review of Jamaica, which it considered to be an extremely valuable contribution to its efforts to develop and reinforce the promotion and protection of human rights. 653. The President thanked Jamaica for its comprehensive presentation and its very fruitful participation in the universal periodic review process. He observed that, according to Council resolution 5/1, States under review should either support or note recommendations. In keeping with existing practice, it was noted that Jamaica was not able to pronounce itself in a definitive manner on recommendations 100.2-8, 100.11-15, 100.17 and 100.20-23. The President asked if these recommendations had been noted. 654. Jamaica stated that these may be regarded as noted. Jamaica observed, however, that the list of recommendations mentioned numerically may be misleading, as many of the recommendations were repeated. Its response had sought to cluster recommendations thematically and, in this regard, Jamaica supported the proposal before the intergovernmental working group on the review of the Human Rights Council that recommendations be clustered in a thematic way. 655. On the matter of recommendations that had been noted, Jamaica emphasized that, in the cases of recommendations where it had indicated that certain proposals were being examined, it did not consider that these recommendations had been rejected. Jamaica had only sought to ensure that due respect was given to the decision-making process that had to be followed in order to give effect to some of these recommendations, including action by Parliament. Jamaica added that it had been forthright at all stages of the universal periodic review process, and had clearly indicated its rejection or acceptance of recommendations received. Libyan Arab Jamahiriya 656. The Human Rights Council decided to postpone discussion of the review outcome of the Libyan Arab Jamahiriya until its seventeenth session. 198 GE.11-17059

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