IACHR flags Jamaica’s rights challenges, notes progress in crime reduction

The Inter-American Commission on Human Rights (IACHR) says Jamaica remains one of only five states in the Americas that continues to maintain laws criminalizing same-sex relationships, even as it acknowledged progress in other areas, including a decline in homicides and steps toward constitutional reform.

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In its 2025 annual report, the commission—an autonomous body of the Organization of American States—said that with respect to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, the Caribbean Community (Caricom) country “continues to have laws which criminalise same-sex relationships between consenting adults and remains as one of the five states in the American region which continues to maintain these laws”.

The report noted that global advocacy efforts, as outlined by the Association for the Prevention of Torture, continue to push for equal rights, protection from abuse, and inclusion in areas such as employment and healthcare.

On disability rights, the IACHR said Jamaica has continued implementing the Disabilities Act, which mandates non-discrimination in education, employment, healthcare, and public facilities. However, it warned that gaps persist.

“Despite this advancement, significant challenges remain. Access to essential services continues to be limited for many individuals with disabilities, particularly in rural areas where the infrastructure and resources are scarce,” the commission said.

The IACHR also raised concerns about detention conditions, citing harsh living conditions at the St Catherine Adult Correctional Centre and the absence of a suitable facility for people with psychosocial disabilities.

Regarding capital punishment, the commission said there has been no progress in removing the death penalty from the law. However, it noted that no executions have been carried out since 1988 and that, as of May 23, 2023, no individual is currently on death row.

Despite these concerns, the commission acknowledged areas of progress, including constitutional reform efforts and a sharp reduction in homicides.

“The commission also notes the launch of a legal information portal to improve public access to Jamaica’s and welcomes the launch of an initiative to establish the first shelter dedicated to supporting boys who are victims of human trafficking,” the report said.

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However, it expressed concern about findings from a report by the Independent Commission of Investigations, which highlighted a significant rise in police-related fatalities.

On citizen security, the IACHR said official data showed a 43 percent decrease in homicides between January 1 and December 20 last year, with 649 killings recorded compared to 1,136 during the same period in 2024. This represents a homicide rate of 22.8 per 100,000 inhabitants up to December 2025.

The commission also continued to monitor Jamaica’s use of states of public emergency (SoEs) as a crime-fighting tool. It noted that in May, the Supreme Court of Jamaica ruled that 17 SoEs declared between 2018 and 2023 were unconstitutional.

“The court noted that the SoEs were invalid as they were not declared for a constitutionally legitimate purpose, were disproportionate within a free and democratic society, and undermined the separation of powers by diminishing parliamentary authority regarding their extensions,” the report said.

Despite the ruling, the IACHR observed that new SoEs were declared in January across several police divisions, including St Andrew South, St Andrew Central, Kingston Western, St Catherine South, and St Catherine North.

It also pointed to a 180-day extension of Zones of Special Operations (ZOSOs) in seven communities, approved by the House of Representatives in June.

The INDECOM report further highlighted a 591 percent increase in police-related fatalities from planned operations between 2021 and 2024. For the first seven months of 2025, 97 such fatalities were recorded. The commission said all operations should comply with the Jamaica Constabulary Force’s Use of Force and Firearms Policy and be properly planned and documented.

“Further, civil society has called on the police force to implement INDECOM’s recommendations and conduct an independent audit to ensure that officers are upholding human rights and accountability standards,” the report said.

On children’s rights, the commission noted the opening of the St James Child and Adolescent Wellness Centre on January 16, providing services such as psychotherapy, family therapy, social work, and psychiatric care under a multi-agency Citizen Security Plan.

“The State noted that this development came at a crucial time, as recent data indicated that 20 per cent of Jamaican children suffer from mental health disorders, including depression, anxiety, attention deficit and hyperactive disorders,” said the IACHR.

At the same time, the commission raised concerns about legislative changes. It noted that in April, the House of Representatives passed the Child Care and Protection (Amendment) Bill, which seeks to increase sentences for children convicted of homicide.

Under the proposed changes, children convicted of capital murder could face life imprisonment or a sentence of no less than 30 years, with eligibility for parole after serving 15 years. In non-capital cases, courts would have discretion to impose life sentences or other terms, including determining parole eligibility.

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