Experts of the Committee on the Elimination of Discrimination against Women Commend Jamaica for Extending Maternity Leave, Ask about Gender-Based Violence Law Reform and Support for Women and Girls’ Sports
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the eighth periodic report of Jamaica. Committee Experts commended the State’s extension of maternity leave to 60 working days, and asked about reform of gender-based violence legislation and support for women and girls’ sports.
One Committee Expert said the Committee welcomed that Jamaica had increased maternity leave from 40 to 60 working days and provided male public sector workers with paid paternity leave for 20 working days.
Marion Bethel, Committee Expert and Country Rapporteur for Jamaica, praised the reform of four key pieces of gender-based violence legislation — the Sexual Offences Act, the Offences Against the Person Act, the Domestic Violence Act and the Child Care and Protection Act — to bring them in line with the National Policy for Gender Equality. What was the timeline for the amendment and passing of these pieces of legislation, one of which entailed the criminalisation of marital rape?
Another Committee Expert said that, despite the brilliant international success of Jamaican female track athletes, women and girls’ sports still did not get the same support as men and boys’ sports at all levels. What mechanisms were in place to specifically provide support for women’s sports at all levels, such as financial support, including for travel and training, and measures supporting the visibility, marketing and media coverage of women’s sports? Could special incentives for private sector support for women’s sport be provided?
Olivia Grange, Minister of Culture, Entertainment and Sport of Jamaica and head of delegation, in opening remarks, said that since the submission of the eighth periodic report, Jamaica continued to make progress in eliminating all forms of discrimination against women through legislative, policy and programmatic initiatives. The World Economic Forum’s 2023 Global Gender Gap Report highlighted Jamaica as the best-ranked Caribbean Island and one of three nations with the highest parity scores in Latin America and the Caribbean.
Ms. Grange said that Violence was still a challenging reality for too many Jamaican women, but the State was making progress in the context of its 10-year National Strategic Action Plan for the Elimination of Gender-Based Violence. The plan of action had five priority areas: prevention; protection; investigation, prosecution and enforcement of court orders; enforcement of victim’s rights to compensation, reparation and redress; as well as protocols for coordination of the National Strategic Action Plan and data management systems.
Further, the delegation said that in 2016, a joint committee was appointed to review several acts addressing sexual offences, childcare and protection. Suggested amendments to legislation to prohibit marital rape were also under review. The 2023 sexual harassment act addressed harassment in various places, including prisons and workplaces, unwanted sexual advances and pornography.
The Ministry of Culture, Entertainment and Sport provided support for all sports, the delegation said. The private sector did receive special incentives for supporting women’s sports. The State worked with different sport federations that provided scholarships for female athletes. Recently, there had been more investments in female sports such as track and field because of its popularity and the success of the nation’s female athletes. The Jamaican Olympic Association provided sponsorships based on the popularity of sports and other factors.
In concluding remarks, Denzil Thorpe, Permanent Secretary, Ministry of Culture, Gender, Entertainment and Sports of Jamaica, thanked the Committee for the dialogue. The delegation appreciated the Committee’s recognition of Jamaica’s efforts over the past years to implement its obligations under the Convention.
In her concluding remarks, Ana Peláez Narváez, Committee Chairperson, thanked the delegation for participating in the dialogue. She praised the State party for its efforts to address the Committee’s recommendations, which she said aimed to promote the broadest possible implementation of the Convention in Jamaica for all women and girls.
The delegation of Jamaica was comprised of representatives from the Ministry of Culture, Entertainment and Sport of Jamaica; the Permanent Mission of Jamaica to the United Nations Office and other international organizations in Geneva; the Ministry of Legal and Constitutional Affairs; and the Women's Centre of Jamaica Foundation.
The Committee on the Elimination of Discrimination against Women’s eighty-sixth session is being held from 9 to 27 October. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Friday, 13 October to consider the tenth periodic report of Guatemala (CEDAW/C/GTM/10).
Report
The Committee has before it the eighth periodic report of Jamaica (CEDAW/C/JAM/8).
Presentation of Report
OLIVIA GRANGE, Minister of Culture, Entertainment and Sport of Jamaica and head of delegation, said that, since the submission of the eighth periodic report, Jamaica continued to make progress in eliminating all forms of discrimination against women through legislative, policy and programmatic initiatives. The World Economic Forum’s 2023 Global Gender Gap Report highlighted Jamaica as the best-ranked Caribbean Island and one of three nations with the highest parity scores in Latin America and the Caribbean. Jamaica was now ranked 24th out of 146 countries, with a score of 77.9. It was ranked 42nd at the submission of the last report. Further, the Global Gender Gap Report referred to Jamaica as one of the countries with “relatively even access for men and women when it comes to Economic Participation and Opportunity”, with a score of 89.4 per cent. The State was proud of this achievement, given the massive blow that the global COVID-19 pandemic caused to their economy and every area of life.
The effects of the pandemic were particularly hard on women. Many women were let go or had to leave employment to care for children or the elderly. Additionally, the isolation and stay at home requirements had the unintended consequence of locking vulnerable women and children away with men who abused them. The Bureau of Gender Affairs saw a twofold increase in the number of women attending its offices for help ranging from leaving an abusive relationship, housing assistance, legal advice to financial assistance. The Government responded with the largest stimulus package in the nation’s history, which included a temporary cash transfer programme to individuals and businesses. Additionally, through the National Strategic Action Plan to Eliminate Gender-Based Violence, the Government opened two State-run shelters for vulnerable women and their children. They also established a Helpline for victims of domestic violence, which supported access to rescue, accommodation, counselling and legal aid services.
Ms. Grange said she was pleased to announce the establishment of 10 Domestic Violence Intervention Centres by the Jamaica Constabulary Force. These centres were managed by police officers who were trained to intervene through a variety of methods, including home visits, referrals and counselling.
Violence was still a challenging reality for too many Jamaican women, but the State was making progress in the context of its 10-year National Strategic Action Plan for the Elimination of Gender-Based Violence. The plan of action had five priority areas: prevention; protection; investigation, prosecution and enforcement of court orders; enforcement of victim’s rights to compensation, reparation and redress; as well as protocols for coordination of the National Strategic Action Plan and data management systems.
Unfortunately, women were still in the minority in company boardrooms and in politics. The policy of permitting a minimum of 30 per cent of either gender on public sector boards was helping to increase the number of women in Government boards. As of August 31, 2020, women accounted for 45 per cent of board appointments. Since the last report, a record number of women contested the general elections and a record number, 18, were elected. Additionally, the Prime Minister and the Leader of the Opposition appointed eight women to serve in the Senate. That equalled 26 women of a total of 84 members of the Houses of Parliament, or 30 per cent — the highest in nation’s history. Increasing the number of women decision-makers at the highest levels was essential for ensuring equality, raising the visibility of women’s issues and working towards solutions.
Last year, the Government established a Caucus of Women Parliamentarians from both chambers and all parties as a sessional committee. The Caucus was a collaborative space for women in the nation’s Parliament to foster productive dialogue on issues of women’s rights and gender equality, to network and to take actions that would have a positive effect on the legislature and legislations.
The State party was proud to pass and implement legislation against sexual harassment. The 2023 Sexual Harassment Act would protect all women and men from unwanted sexual advances, requests for sexual favours and crude sexual behaviours that affected quality of life by creating an intimidating, hostile or offensive environment.
Jamaica was enjoying its lowest ever rate of unemployment, at 4.5 per cent according to the Labour Force Survey April 2023. The Survey showed that two-thirds of the 43,000 jobs added in April were being performed by women; and that the total labour force was 53 per cent male and 47 per cent female.
Since the last report, the Government had implemented family-friendly measures to eliminate discrimination in family and domestic duties. As of January, it implemented paternity leave and adoption leave for Government workers. At the same time, the State party extended maternity leave from 40 to 60 working days.
The Government was committed to eliminating all forms of discrimination against women and were putting in the work to build a country in which women and men equally enjoyed socially-valued goods, opportunities, resources and rewards.
Questions by Committee Experts
MARION BETHEL, Committee Expert and Country Rapporteur for Jamaica, commended the contributions of former Committee Expert Barbara Bailey of Jamaica. Ms. Bethel also commended the State party for passing the Sexual Harassment Act of 2023 and updating in 2018 the Trafficking in Persons Act to enable a judge to try trafficking offences without a jury. She also praised its reform of four key pieces of gender-based violence legislation, the Sexual Offences Act, the Offences Against the Person Act, the Domestic Violence Act and the Child Care and Protection Act, to bring them in line with the National Policy for Gender Equality. What was the timeline for the amendment and passing of these pieces of legislation, one of which entailed the criminalisation of marital rape? Further, did the State Party consider the Committee’s general recommendation 35, which laid out substantive guidance for State parties regarding addressing gender-based violence against women.
Section 13, subsection 3(i) of the amended Constitution restricted grounds of discrimination so that women who might face discrimination on the basis of sex or gender were not protected, thus limiting the scope of protection for some women. Further, there was no definition of discrimination in the Constitution, nor did the Constitution or other legislation seek to incorporate the definition of discrimination against women. Likewise, there was no explicit recognition of both direct and indirect discrimination or discrimination by both public and private actors. What steps was the State party taking to comply with the Convention by incorporating the principle of equality of women and men into national legislation, and defining and prohibiting all forms of discrimination and violence against women; lesbian, bisexual, transexual and intersexual persons; persons with disabilities and other vulnerable groups that were not currently protected under Jamaica’s Charter of Fundamental Rights and Freedoms?
What steps was the State party taking to ensure that vulnerable women did not face discrimination in terms of access to justice? The State party had an Office of the Public Defender, which had certain investigative powers relating to constitutional rights. However, there was no provision for a complaints mechanism to report cases of discrimination. The State party was reviewing the establishment of a national human rights institute to protect the rights of nationals and to complement the existing network of institutions. What was the timeline for the setting up of this institution or another specialised body with authority to consider and issue opinions and make recommendations on complaints submitted by women? What steps was the State taking to build the capacity of judges and prosecutors regarding women’s rights and gender equality? The draft Complaints and Response Protocol provided a complaint and redress mechanism for victims of gender-based violence. Was this mechanism operational and how did the State ensure on a continuous basis that the police and other law enforcement officials addressed complaints from women and girls about gender-based violence and other human rights violations in an expeditious, efficient and gender-sensitive manner?
What steps was the State party taking to ratify the Optional Protocol, which would give women and girls another avenue for the protection of their human rights? Did it engage with relevant stakeholders, in particular non-governmental organizations, including women’s organisations, in that regard?
Responses by the Delegation
The delegation said the State party was amending legislation in a timely manner to ensure protection for women. This was a high priority for the Government. Establishing a national human rights institution remained another important objective for the Government. It was studying various institutional structures to ensure that Jamacia had the best institution possible. There were four organisations working to meet the State’s human rights obligations: the Office of the Public Defender, the Inter-Ministerial Committee on Human Rights, the Children’s Advocate, and the Independent Commission of Investigation. The Office of the Public Defender had not received any complaints regarding discrimination. The Independent Commission of Investigation did receive complaints and was conducting investigations.
Two key norms promoted the rights of persons with disabilities: the Disability Act of Jamaica and the Constitution. The Disability Act provided for a tribunal that addressed discrimination allegations, and addressed discrimination of women and girls with disabilities.
The definition of discrimination given in the Constitution applied to all women. It had not yet been entrenched in national law, but it was integrated in national policies. In 2016, a joint committee was appointed to review and consider amending several acts addressing sexual offenses, childcare and protection.
Implementing legislation on discrimination was a priority, but the legislative process was lengthy. For laws to be enacted, they needed to be considered and approved in both houses of the Parliament.
The Government recognised the role of the judiciary and had taken steps to build its capacity. 530 attorneys had been assigned to legal aid services to grant equal access to all persons. Access was also available in rural areas. Mobile clinics established in 2011 were serving rural and remote communities. A draft complaints response protocol had been devised to harmonise data and strengthen access to justice for victims and their families.
The articles of the Convention were shared among different stakeholders, including Government and non-governmental organizations, for an exchange of views. The Government planned to undergo a consultative process on ratification of the Optional Protocol.
Questions by Committee Experts
MARION BETHEL, Committee Expert and Country Rapporteur for Jamaica, said she appreciated the State’s multisectoral approach, but the four laws on gender-based violence had been under review for an extended period. This legislation needed to be urgently revised with high priority. The quality of women’s lives was at stake. Further, a legal definition of discrimination was not given in legislative acts nor the Constitution. The definition should be incorporated into the Constitution and national legislation. Did the lack of a definition translate into a lack of complaints? Also, ratifying the Optional Protocol was an issue of urgency. Jamaica, as a regional leader, needed to be at the forefront of this process.
Responses by the Delegation
The delegation said that in the Charter of Fundamental Rights and Freedoms, all Jamaicans enjoyed the right to non-discrimination. Although it was not specifically embedded in legislation, discrimination was addressed by the Constitution. It was an issue that persons did not lodge complaints on discrimination. The Government was conducting a constitutional reform and would address the Charter in the second stage of the process. All issues would be considered then. The Constitution guaranteed the right to freedom from discrimination. Women who were discriminated against had access to courts where judges applied provisions present in the Constitution.
Questions by Committee Experts
A Committee Expert congratulated the State party on its judicious efforts in implementing the Convention, upgrading the national gender machinery, appointing a Minister with a specific focus on gender affairs, and implementing the 2011 National Policy on Gender Equality and the National Strategic Action Plan to Eliminate Gender-Based Violence 2017–2027. However, gaps persisted in the implementation of the Convention and the realisation of substantive equality across all spheres was yet to be attained in the State party, as in other countries. What kind of Government entity was the current Bureau of Gender Affairs — a Unit, Section or Department of a Ministry or a stand-alone body? How did the Bureau relate with the Cabinet Minister on Gender Affairs and gender advisory council? How effectively positioned were the Bureau and Ministry to drive societal accountability for gender equity? Were there any High Cabinet level mechanisms to facilitate this objective? What policy measures were available to strengthen the authority of the national gender machinery in delivering its oversight and coordinating functions, and to effectively address institutional and systemic barriers to gender mainstreaming, both at the vertical and horizontal levels? What specific targets and performance indicators were available to benchmark and monitor whole-of-society implementation of the Gender Equality Policy, Gender Based Violence Plan and other gender equality priorities? Was there a surveillance regime or compliance and regulatory system for tracking implementation of the Convention and other global, regional and national gender equality commitments?
A recent World Bank report claimed that the national gender machinery was under-resourced and incapable of adequately serving the gender advisory council. What percentage of the annual national budget and key sectoral budgets was assigned to addressing gender equality and gender-based violence concerns? Had the State set up a gender-responsive budget, human resources and other policies to accelerate the advancement of gender equality? Was there any coordination between the national gender machinery and the Ministry of Planning, Budget and Finance? What joint initiatives were undertaken to promote gender mainstreaming both in the public and private sectors, especially in areas such as energy, environment, infrastructure and technology? What transformative results had been achieved? What were the numbers and types of cases related to gender handled by the Public Defender?
How did the State plan to implement the updated and costed National Policy for Gender Equality to address emerging gender issues and concerns, such as artificial intelligence, robotics and climate change? Over the past four years, what were the key lessons learned from the United Nations Development Programme-supported Gender Equality Seal Programme? Which Jamaican entities were awarded for “Excellence in Gender Equality” performance seal?
Another Expert noted that Jamaica did not have a quota system but intended to use temporary special measures. The Joint Select Committee was expected to identify specific, practical measures to address systematic gender inequalities which might result in under-representation in parliament and local authorities. The report did not specify if temporary special measures were effectively implemented in the fields of education, employment and economic empowerment of women. Which temporary special measures to address systematic gender inequalities were identified by the Joint Select Committee? How did the State party intend to implement them? Were any temporary special measures taken to promote equal participation of the most disadvantaged groups of women? Did the State party plan to adopt temporary special measures to accelerate the achievement of substantive equality for women and men in all areas under the Convention where women were underrepresented or disadvantaged?
Responses by the Delegation
The delegation said the Bureau of Gender Affairs was rebranded in 2016 and moved to another Ministry to allow it to consider gender issues. The Ministry installed a gender advisory council for oversight purposes. The national policy of gender equality provided guidance on gender mainstreaming to all Government institutions. The Sexual Harassment and Protection Act constituted another element of the protection mechanism. Gender responsive budgeting was critical for operation of the gender machinery. The Government was conducting sensitisation and training on budgetary equality. COVID-19 disrupted the adoption of certain measures in that regard. Gender focal points working in Government agencies were authorised engage in all gender-related issues. Also, a committee was established to assist with determining indicators that were trackable in the context of the national policy for gender equality.
The Government had initiated several temporary special measures. In 2013, the “Way Out” project was designed to ensure that the national policy on gender equality was implemented. It allowed for training of several gender focal points to monitor gender mainstreaming. The implementation plan for the national policy on gender mainstreaming included five sets of data indicators. It also clearly outlined competent institutions and the timeframe for implementation. The State was nearing the end of the first five-year phase of this plan. The second phase would start in 2024 and would last until 2027.
The State was promoting economic empowerment, developing an entrepreneurship policy that benefitted women and especially targeted small businesses. It was also receiving support from international partners in this regard. Further, the State had established the “Women’s Economic Support Program”.
The budget for the Bureau of Gender Affairs was 740 million Jamaican dollars. The national budget for gender mainstreaming was one trillion dollars. This year, the Government conducted a review of budgeting for gender mainstreaming over the past three-year period and added funds to the budget. The State had also allocated funds to support women’s representation in local government elections this year. Further, in 2022 to 2023, the Government spent 28 per cent more than the approved budget on gender-related activities. Also, the Government had allocated 381 million Jamaican dollars for the Women’s Centre Foundation and 142 million Jamaican dollars for the National Shelter Unit, which had three regional bodies.
Rubis Jamaica was one of the companies that had been awarded the “Excellence in Gender Equality” performance seal. Jamaica was the only English-speaking country that had introduced the seal programme. The United Nations Development Programme was also conducting a campaign on sexual harassment and other initiatives in Jamaica.
The Office of the Public Defender had not received any complaints regarding gender-based discrimination.
Questions by Committee Experts
A Committee Expert asked about the State’s efforts to reduce misogynistic attitudes and address violence in the media. What steps were taken to promote gender-responsive programmes and positive masculinity? How was the State addressing gender stereotyping? What efforts were being made to repeal laws prohibiting same-sex conduct and implement a related decision issued by the Inter-American Commission on Human Rights in the Gareth Henry and Simone Carline Edwards v. Jamaica case?
One in every four Jamaican women had reportedly experienced physical and sexual violence by the age of 64. The Expert commended the establishment of 10 gender-based violence centres. What was the timeline for the adoption of the draft domestic violence act, which had been pending since 2021? What measures were in place to collect disaggregated data to determine the needs of shelters for victims of violence? Who was managing these shelters? What was the fate of the State’s third shelter, which was not yet operational? Did the State plan to establish much-needed long-term shelters? Had progress been made in adopting the revised Sexual Offenses Act, which included increased sentences and repealed provisions that limited the concept of “marital rape”? What was the timeline for its adoption? Abuse and physical violence were present in Jamaican prisons as well. Could the delegation make any comments in that regard?
Another Committee Expert said that the State party had established a National Rapporteur on Trafficking in Persons in 2015. In 2022, the Rapporteur published its second report. How was the National Rapporteur’s independence guaranteed and how was her office funded? The National Rapporteur published many detailed recommendations on general awareness raising and training of police and judicial officers. Identification of adult victims was still a difficult issue in the State party, as noted in the United States’ Trafficking in Persons Report of 2023. Could the State party give an overview of recommendations by the National Rapporteur that the State had adopted? What was the adoption rate? Was a national referral mechanism for adult victims in place? In July 2022, a new national action plan on trafficking was launched. The plan recognised the scale of the child trafficking problems faced by the State party, which had also been documented by the Rapporteur. What special protection measures were provided for children, both during the identification process and in protective sheltering? Not seldom parents played a role in the trafficking of their children. How did the State party deal with these protection issues?
The Office of the Children’s Advocate reported systemic failures and individual misconduct within Jamaica’s child protection system that left children and young adults in State care at risk of re-victimization. What steps was the State party taking to identify and tackle these problems?
A curriculum on prevention of trafficking has been included in the education system. Was this a pilot project or will it be implemented in all secondary schools? As child victims were very young, often under the age of 12, were there plans to adapt this program for a younger age?
The Ministry of Health and Wellness held workshops for commercial sex workers about safe-sex practices and provided them with care packages that included condoms. Were steps being taken to decriminalise the sale of sexual services? Were there non-governmental organizations specifically supporting victims of trafficking?
Responses by the Delegation
The delegation said the joint committee on gender-based violence was established in 2016. A specific definition of domestic violence had been included in the draft domestic violence act, which was under final consideration. This act recognised physical, emotional, psychological and other forms of domestic violence, and also addressed digital threats. It also expanded the range of protections for victims and the scope of protection orders from courts, and allowed more persons to apply for victim status.
The Inter-Ministerial Committee for Human Rights was considering implementation of the decision of the Inter-American Commission on Human Rights in the Gareth Henry and Simone Carline Edwards v. Jamaica case.
The broadcasting agency had issued a directive on the transmission of violent content and other similar directives.
Domestic Violence Intervention Centres were situated in police stations and victims could turn to them across the country. The Government planned to make the third regional shelter for violence victims operational by the end of 2023. The process had been prolonged due to procurement issues and the COVID-19 pandemic. The shelter was designed to ensure that women could bring their small children to this safe space. Children could attend schools in those facilities. Training was also provided to staff of those shelters. An accessibly gender-based violence helpline provided complementary support to victims. Non-governmental organizations supported the operation of the helpline and shelters.
The State had established a “male empowerment space” and male networks to promote positive masculinity and implement the gender equality policy.
The task force against trafficking in persons cooperated with non-governmental organizations. It was also engaged in awareness raising activities. The first human rights conference on human trafficking was launched in 2018, and it encouraged the establishment of related school clubs across tens of schools in 2019.
Suggested amendments to legislation to prohibit marital rape were under review.
The 2022 Disability Act prevented discrimination in access to transportation, housing, employment, healthcare and other domains.
Questions by Committee Experts
A Committee Expertasked about the timeline for the revision of the domestic violence act. Were the measures to prevent gender stereotyping incorporated into national action plans?
A Committee Expert said that women's political participation was an important measure of women's status and an important step towards achieving gender equality and safeguarding women's political rights. She noted the State party's efforts to raise gender awareness and improve women's political participation through the “Way Out Project”. What effects had this project had? Did the State party plan to continue implementing it? Further, it was good to see in the State Party’s last election in 2020, women obtained 29 per cent of the seats in the House of Representatives and 38 per cent in the Senate, and the proportion of female judges in the Supreme Court and courts at all levels of the country exceeded 60 per cent. What was the proportion of female judges in decision-making positions within courts at all levels?
Work was now underway to determine the legislative amendments required for the establishment of the national human rights institute. What was the latest progress in this work? Further, women were consistently included in delegations for regional and international meetings and seminars and were widely represented in Jamaica’s diplomatic missions abroad. What was the proportion of female ambassadors, serving female diplomats in the Ministry of Foreign Affairs and female representatives in international organisations, including the United Nations?
Another Expert applauded the State party for ratifying the Convention on the Reduction of Statelessness in 2013. Were any laws changed in line with the ratification of this Convention to address potential gaps in nationality laws which could lead to statelessness? Why was the State still not a party to the 1954 Convention relating to the Status of Stateless Persons? Was the Government planning to facilitate access to naturalisation by waiving or reducing fees and other costs, especially for those without sufficient financial resources?
Responses by the Delegation
The “Way Out” project was a three-year project designed to promote women’s political and economic empowerment. It spawned the Community Outreach for Partnership Empowerment initiative in 2023, through which the State, along with 18 partners, was ensuring that women’s economic and other needs were met. The national gender machinery and the Gender Equality Ministry had received the Gender Equality Seal for their efforts promoting the rights of women.
The State had appointed its first female Minister of Foreign Affairs, and there were currently four female chargées d’affaires, seven female ambassadors, and a number of council generals. The Court of Appeal had a total of 13 judges, nine of whom were females.
Jamaican citizenship was regulated by the nationality act and the Constitution. Both foreign men and women could apply for Jamaican citizenship based on marriage to a Jamaican. Any person born in Jamaica had the right to nationality.
The Government remained resolute that there were no cases of statelessness on the island.
In the Cabinet, 13 women and six men were on the Permanent Secretary Board, and the head of the Cabinet was a woman.
In response to a follow-up question on measures to guarantee political representation for women from marginalised groups, the delegation said there was a movement to encourage such participation through awareness raising. The Jamaican Women’s Political Caucus was designed to encourage equitable participation of women in politics.
Many Cabinet Ministers and Vice-Ministers were women. There were also female senators, a female speaker in the House of Parliament, and a female head of public service. The first woman chief of defence staff was installed in 2022.
Questions by Committee Experts
A Committee Expert commended the State party for the national reintegration policy and for its measures supporting entrepreneurship, inclusion for women in non-traditional areas. Auxiliary fees disadvantaged low-income households. How were these fees addressed; were there any sanctions? What were comparative rates of attrition between men and women workers during COVID-19?
How were young mothers encouraged to re-enter education? What were women’s outcomes and challenges in terms of obtaining scholarships? The curriculum contained a module on sexuality education that reportedly promoted abstinence and did not properly represent the lesbian, gay, bisexual, transgender and intersex community. How were teaching methods evaluated? Was sexuality education mandatory in all schools? Further, 71 per cent of women were engaged in science courses, but only 15 per cent in engineering. How was this situation being rectified? Did the scholarship mechanism translate into employment opportunities? What measures were in place to address boys who dismissed education as womanly? How did policies on school bullying protect vulnerable groups? How did the curriculum address sexual harassment?
Another Committee Expert welcomed that, according to the Global Gender Gap Report 2023, the State was ranked second in terms of economic participation and opportunity and that the State has the highest proportion of female managers, at 59.3 per cent. Were there enough accessible and affordable childcare facilities enabling women to participate in the labour force? What were the specific measures to tackle horizontal and vertical occupational segregation? Did the State party have any data on the gender pay gap? What measures were taken to integrate women in non-traditional sectors and to transition women out of temporary work? Did the proposed amendment to the Employment (Equal Pay for Men and Women) Act include prohibitions of gender-based discrimination in employment opportunities and hiring, access to vocational training, promotions and job security? When did the State party expect the Act to be amended?
Further, the Committee welcomed that maternity leave was increased from 40 working days to 60 working days, and male public sector workers would be entitled to paid paternity leave for 20 working days. What were the specific details of the prepared draft Position Paper on domestic workers? How would the Government ensure that the National Insurance Scheme covered unregistered domestic workers and informal workers? What were the next steps for expanding paid paternity leave, especially for private sector workers?
63.3 per cent of complaints of workplace harassment were made by women. What were the reasons why women made more complaints than men? When would the Sexual Harassment Act become operational? Did the Act have a clear definition of sexual harassment behaviours, a prohibition of retaliatory action against persons who reported cases of workplace sexual harassment, and did it establish an effective and inclusive reporting process that ensured that all women, regardless of income or social status, had legal recourse? Did the State party conduct gender-sensitive analysis on the working environment for women and collect data on sexual harassment at work?
Responses by the Delegation
The delegation said that the national integration policy emphasised that all children in Jamaica should be educated at least until the tertiary level. Its key elements included automatic referral of pregnant schoolgirls to a designated support centre in their original school or another school. 46 per cent of girls who became pregnant had been were reintegrated into the formal school system and 54 per cent had been diverted to other institutions, many of whom by their own choice. Skills training for students facilitated their transition to the workforce.
The Women's Centre of Jamaica Foundation had teachers go out during the COVID-19 pandemic to various vulnerable communities. There was no gap during the pandemic regarding the delivery of education to girls. The curriculum included the Health and Family Life Education programme. The Government was training teachers to implement this programme. The Government had made primary school education free and called for secondary school fees to be kept within certain limits. Irrespective of socio-economic circumstances, costs should be minimal. The State encouraged schools to introduce flexible payment schedules.
The State party did not officially collect payment gap data. Data obtained with aid from non-governmental organizations and academia indicated that the perceived gender pay gap was 17 per cent. Enabling environments were being developed.
Questions by Committee Experts
A Committee Expert asked why girls did not go back to their original disciplines following pregnancy. Were they influenced by stigma, bullying or something else? How was the State addressing teacher discomfort in conducting sexual education? Regarding fees, did any schools violate State guidelines, and if so, how were they sanctioned? Also, how was toxic masculinity addressed among boys?
Responses by the Delegation
The delegation said that amendments to labour legislation were proposed to ensure that there was no gender-based discrimination in the workforce. The Equal Pay act promoted gender equality in the workplace, and Industrial Dispute Tribunals addressed workplace disputes.
The national insurance scheme offered disability benefits, old-age pensions and other benefits. All employed persons needed to be registered in the scheme, and domestic workers had access to it.
Jamaica ratified the International Labour Organisation Convention 189 in 2016 and had begun to amend current legislation. The minimum wage act was also being considered in this context. Paternity leave was not regulated legislatively but was being provided by several companies.
The sexual harassment act addressed harassment in various places, including prisons and workplaces, unwanted sexual advances and pornography. The act was launched in July 2023. The Sexual Harassment Tribunal considered complaints submitted to the competent authority.
The curriculum was designed to be inclusive, based on the learning readiness of each child. It encouraged creative thinking approaches and various forms of learning strategies. Students who were struggling to achieve the same education outcomes as their peers were offered different learning modalities.
Questions by Committee Experts
A Committee Expert asked whether there were enough childcare facilities, and whether there were any plans to increase their numbers.
Another Committee Expert asked if the State party would include health care in the Charter of Fundamental Rights. What progress had been made to implement the State’s action plan on sexual and reproductive health? Was it providing contraception? What did the State party do to prevent HIV infections and to treat people with HIV? What were the State doing to address the high rate of teenage pregnancies and to care for teenage victims of abuse?
Was it possible to reform abortion legislation? Unsafe abortions were one of the main causes of maternal mortality in Jamaica. One out of three deaths occurred due to abortions being carried out at home. What was the State doing to address unsafe abortions? Further, there was a lack of screening for breast and cervical cancer, and also stigma against women with cancer. There was a national strategic plan which aimed to reduce maternal morbidity by 25 per cent between 2013 and 2018. What were the results?
Another Committee Expert asked whether the State party would consider developing a gender-informed social security system that promoted access to pensions for self-employed women and elderly women. Elderly women were experiencing “old age poverty” due to having had excessive care and work burdens, low incomes, informal work with no benefits or dependence on a now deceased spouse? Were there plans to, through legal reform, provide tax credits for care of children, the elderly and family members with disabilities; and to institute legislation to provide for free, subsidised and shared-cost childcare facilities in low-income communities, housing and office complexes? Could the private sector be incentivised to contribute to this area? In 2010, women heads of households comprised more than 50 per cent of those benefiting from the Programme of Advancement through Health and Education, a conditional cash transfer programme for women. Could the State include in this programme more vulnerable women who did not currently meet its criteria?
According to a 2020 study, 87 per cent of male business starters were able to secure a loan from a large financial institution, as opposed to 33 per cent of women, who therefore accessed more costly microfinancing options. What mechanisms existed to monitor the non-discriminatory implementation of loan policies by financial institutions? Was there a financial ombudsperson? Or would this be in the remit of the Public Defender?
Despite the brilliant international success of Jamaican female track athletes, women and girls’ sports still did not get the same support as men and boys’ sports at all levels. What mechanisms were in place to specifically support women’s sports at all levels, such as financial support, including for travel and training, and measures supporting the visibility, marketing and media coverage of women’s sports? Could special incentives for private sector support for women’s sport be provided?
Responses by the Delegation
The delegation said that the Ministry of Culture, Entertainment and Sport provided support for all sports. The private sector did receive special incentives for supporting women’s sports. At school level, support did somewhat decrease. More scholarships were being provided for students who participated in lacrosse. Women’s football had recently become popular and the national women’s team had had better results in recent years than their male counterparts, with the help of government support. The State worked with different sport federations that provided scholarships for female athletes. Recently, there had been more investments in female sports such as track and field because of its popularity and the success of the nation’s female athletes. The Jamaican Olympic Association provided sponsorships based on the popularity of sports and other factors.
The State had an open-door policy regarding women and girls; access to contraception. To ensure free access to modern forms of contraception, the National Family Planning Board had initiated a national procurement project, which was being carried out through its regional units. Sometimes, the National Family Planning Board conducted emergency procurement. It was training administrative staff to support access to contraceptives, and providing guidance and psychosocial support to end users. Robust social media campaigns were in place. The public health system also continued to ensure unrestricted access to contraception and information on it throughout the country. It provided such information at fairs, especially in rural areas distant from medical centres.
61,373 women were beneficiaries of the Programme of Advancement through Health and Education. Children benefitted most from the Programme. It aimed at ending the cycle of poverty, focusing on social assistance.
The State was conducting constitutional reform. There were complaint mechanisms in health services. Available information indicated that discrimination in the health sector, including against HIV patients, had decreased in recent years.
There had been a decline in the overall teenage pregnancy rate during the pandemic, but an increase in 18- and 19-year-old pregnancies. The rising number of pregnancies in this age group was a problem that needed to be addressed.
The entrepreneurship policy was launched in 2018 with instructions on how to assist women entrepreneurs, including to obtain credit. It was still a new policy. A study would be conducted to determine its effects. Its goals were to create an enabling business environment, promote timely business development and capacity building, and nurture creativity, research and development in business and education. It had significantly contributed to closing the gender gap and helping women to access capital.
Questions by Committee Experts
A Committee Expert suggested that the State party mainstream social security and stop relying on temporary cash transfers to support vulnerable women. A gender analysis of sport sponsorship might be useful.
One Committee Expert inquired whether the Government had conducted an impact assessment to determine the actual impact of its gender equality initiatives on rural women. How had they supported equal access to quality health care, including sexual and reproductive health care, land, property ownership and economic opportunities, including access to markets and credit financing? Could the State Party provide specific data demonstrating positive impacts on rural women, including indigenous women? Did rural and indigenous women contribute to developing these initiatives?
One year ago, the Gender and Climate Change Strategy and Action Plan had been launched and different climate change and gender strategies were implemented. What specific actions and strategies did the Government implement to meet the needs of women and address the different rights abuses faced by women resulting from climate change and disasters? How many women with disabilities, rural women and indigenous women had benefited from the commitments in the strategy? How many women had benefited from the climate smart agricultural techniques that the Government was rolling out? To what extent had women’s organizations participated in decision-making on climate change and disaster risk management policies? What steps did the Government take to incorporate gender budgeting for the climate change agenda to help women and girls adapt effectively to climate change impacts and disasters?
Another Committee Expert asked whether the State party could provide statistics on the number of labour migrants, asylum-seekers and refugees presently in the country, aggregated by sex and age? There were alarming reports that there were substantial barriers to asylum recognition in the State party, especially for people from Haiti, who were at times sent back to danger without their case being examined. Were these reports accurate? What percentage of asylum-seeking women were recognised as refugees each year? What rights were given to both women asylum-seekers and refugees, and what percentage of them participated in the labour force? Did the Government adopt specific measures to enhance the functioning of the asylum system, such as standard operating procedures? How did the State party ensure that refugee status determination procedures were fully gender-sensitive? How were refugee and asylum-seeking women protected from discrimination based on sexual identity and orientation by first instance asylum officials, and throughout their interaction with State authorities? Were specific normative provisions, programmes and initiatives developed and implemented by the authorities to facilitate the local integration of refugees and asylum-seeking women? Did the State provide information on refugees’ access to fundamental rights and social services, personal documentation, machine-readable travel documents and work authorisations?
The State party reportedly criminalised same-sex conduct and failed to prohibit discrimination based on sexual orientation and identity. Did it plan to change its laws in this regard? Could the State party provide data on prosecutions and punishments for same-sex relations and non-heteronormative behaviour? Were there any services provided to women from sexuality and gender minorities, such as hotlines, public advice centres and shelters? If not, did the State party plan to offer any such services?
What did the State party do to address the needs of older women, in particular to protect them from poverty? 84 per cent of the elder poor in Jamaica were reportedly women. Were there any special programmes to address this problem? What care services were provided to older women, and what percentage of those were funded by the State?
Another Committee Expert asked if marriage was prohibited for children under 16. What was the State party intending to do to establish the age of marriage as 18? What was the current state of the draft revisions to the divorce law, which addressed delays in divorce proceedings? Some mothers did not have access to alimony. What were the barriers for these women in that regard? What steps had been taken to criminalise spousal violence?
Responses by the Delegation
The delegation said that the rights of rural women were addressed by the Government and the Jamaican Network of Rural Women Producers, which had developed several initiatives to mainstream gender. The Network cooperated with the Government to promote the rights of rural women.
The Government had reduced delays in divorce proceedings to 4 to 6 months, down from one and a half years in 2020.
Since 2019, a total of 16 women and five girls had sought asylum or refugee status in Jamaica. The State was not aware of discrimination of ethnic groups in asylum proceedings. Refugees had the right to employment and did not need work permit.
Climate change focal point networks were established to address gender responsive climate action. In 2014, the Government approved a social protection strategy to ensure that poor and vulnerable groups would not be left behind. The strategy targeted women in particular.
Questions by Committee Experts
A Committee Expert asked how did the Government supported women’s participation in the blue economy?
Another Committee Expert asked whether there was a criminal act stating that sexual relations between same-sex persons was a crime. Were there were acts protecting lesbian, gay, bisexual, transgender and intersex persons?
Closing Statements
DENZIL THORPE, Permanent Secretary from the Ministry of Culture, Gender, Entertainment and Sports of Jamaica, thanked the Committee for the dialogue and said that further responses would be provided in writing. The delegation appreciated the Committee’s recognition of Jamaica’s efforts over the past years to implement its obligations under the Convention.
ANA PELAEZ NARVAEZ, Committee Chairperson, thanked the delegation for participating in the dialogue. The Committee praised the State party for its efforts to address its recommendations, which aimed to promote the broadest possible implementation of the Convention in Jamaica for all women and girls.
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CEDAW23.030E