A/HRC/16/14
limited fiscal space to undertake necessary (social) programmes. Additionally, its
relationship with the International Monetary Fund imposed further restrictions.
8.
Jamaica added that the high incidence of crime and violence, fuelled by
transnational organized crime related to drug trafficking and illegal trafficking in small
arms, continued to impede its economic and social development.
9.
Despite those constraints, Jamaica continued to strengthen the national infrastructure
and improve the legal and policy framework to protect the rights of specific target groups,
such as women, children, young people, the elderly and the disabled. Considerable
progress had also been made in meeting the targets of the Millennium Development Goals.
10.
Jamaica indicated that it would require special assistance to continue to strengthen
and improve its capacity to fulfil its responsibility to its people in promoting and protecting
their human rights.
11.
It then affirmed that in presenting its report, it would address, as far as possible, the
many advance questions received.
12.
Regarding the legislative framework and treaties, Jamaica stated that its commitment
to the promotion and protection of human rights was exemplified by, inter alia, the
“Fundamental rights and freedoms” chapter of its Constitution, numerous pieces of
legislation and its adherence to various international treaties.
13.
Additionally, a Bill for a Charter of Rights and Freedoms had been resubmitted in
Parliament on 21 September 2010, in recognition of the need to more comprehensively
protect fundamental rights and freedoms. Jamaica had taken note of the erroneous
suggestion that there had been insufficient consultation with respect to the Charter. It
provided details about the many consultations held and affirmed that, given the special and
complex procedure set out in the Constitution for the alteration of those provisions, a new
round of debate was expected to commence in early 2011.
14.
Regarding questions about its intention to ratify optional protocols, Jamaica pointed
out that “optional” meant “optional”. There was much wisdom in the international system
in terms of making some things optional. Where domestic law was consistent with
international law but might be deemed inconsistent with some provisions of optional
protocols, Jamaica would continue to carefully consider how it approached the ratification
of optional protocols.
15.
Jamaica explained that, given its past experience, the issue of ratifying any
instrument could not be taken lightly. Once the Cabinet had given its approval for
ratification, it hoped to first draft the enabling legislation before actually ratifying, in order
to reduce the gap between ratification and the implementation of domestic laws. It indicated
that significant strides had been made in the ratification of various instruments. It stated that
a submission was now before the Cabinet recommending ratification of the Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography, since appropriate enabling legislation was now in place;
that legislation was being drafted to facilitate ratification of the Optional Protocol to the
Convention on the Rights of Persons with Disabilities; and that active consideration was
also being given to ratifying the Rome Statute.
16.
Jamaica also stated that, in considering ratification, the question of whether
sufficient avenues existed for the protection of its citizens was also considered.
17.
Regarding the issue of torture, Jamaica noted that torture was specifically prohibited
in its Constitution. And, although it was not a party to CAT, it had extended an invitation to
the Special Rapporteur on Torture earlier this year.
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