COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Sixtieth session
4-22 March 2002
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on the
Elimination of Racial Discrimination*
Jamaica
1. The Committee considered the eighth to fifteenth periodic reports
of Jamaica, submitted as one document (CERD/C/383/Add.1), at its 1511th
and 1512th meetings (CERD/C/SR.1511 and CERD/C/SR.1512), held on 14
and 15 March 2002. At its 1521st meeting (CERD/C/SR.1521), held on 21
March 2002, it adopted the following concluding observations.
A. Introduction
2. The Committee welcomes the submission of the eighth to fifteenth
periodic reports of Jamaica as well as the additional information provided
by the delegation during its oral presentation. While regretting the
limited information provided in the report, including with respect to
follow-up to previous concluding observations, the Committee expressed
appreciation for the opportunity to renew its dialogue with the State
party after a lapse of more than eight years.
B. Positive aspects
3. The Committee welcomes the enactment of the Public Defenders (Interim)
Act (1999), which created the office of the Public Defender to protect
and enforce human rights and provide a remedy for the infringement of
those rights.
C. Concerns and recommendations
4. The Committee notes that the State party has undertaken a constitutional
review process intended, inter alia, to provide for the enactment
of
a Ratification of Treaties Act to ensure the incorporation of international
treaty obligations into domestic legislation. Noting that this activity
has been under way for some time, the Committee encourages the State
party to take further measures to finalize the review process and
to
submit relevant information concerning this matter in its next periodic
report. The Committee also wishes to receive more specific information
concerning the implementation of the "fundamental rights and freedoms" provided
in section 24 of the Constitution, especially those aimed at addressing
discrimination based on race, colour or ethnic origin.
5. The Committee reminds the State party that it has difficulties
in accepting the mere assertion made by States parties as to the
absence
of racial discrimination in their territory. The Committee also reminds
the State party that the absence of complaints by victims of racial
discrimination could indicate a lack of awareness of available legal
remedies. It encourages the State party to reconsider its position
concerning
racial discrimination in its territory and to implement effective
measures to address direct and indirect discrimination. Moreover,
the Committee
recommends that the State party take appropriate measures to inform
the public of the availability of legal remedies for victims of racial
discrimination. It further requests the State party to include in
its
next periodic report statistical information on possible prosecutions
in cases related to racial discrimination.
6. The Committee is concerned about the absence in the State party
of specific legislative, administrative and other measures which
aim to
give effect to article 4 of the Convention, especially article 4
(b), prohibiting racist organizations. The Committee underlines the
obligations
of the State party under the Convention and reiterates its view as
to the preventive role of such measures. In this connection, the
Committee
also draws the attention of the State party to its general recommendation
VII and general recommendation XV, affirming the compatibility of
the
prohibition of the dissemination of ideas based upon racial superiority
or hatred with the right to freedom of opinion and expression. The
Committee
urges the State party to give due consideration to adopting the necessary
legislation to comply with article 4, particularly article 4 (b),
of
the Convention as a matter
of priority.
7. The Committee again suggests that the State party consider withdrawing
its reservation to article 4 of the Convention.
8. It is regretted that the State party report did not include sufficiently
adequate information on article 5 of the Convention to enable the Committee
to examine effectively the situation of civil and political rights as
well as economic, social and cultural rights as they relate to the
various ethnic groups in Jamaica The Committee recommends that the State
party include in its forthcoming report information concerning the measures
taken to implement article 5 of the Convention.
9. The Committee expresses concern about the limited information, including
relevant demographic statistical data, provided in the State party report.
While noting the State party's statement that it does not compile data
based on race and ethnicity, the Committee recalls the importance of
data, which enable it to assess the situation of minorities in a given
State. In this regard, it urges the State party to reconsider its position
and to provide information in its next periodic report on the following
issues: (a) the ethnic composition of the population, and in particular
statistical data relating to the numerically small ethnic groups; (b)
disagreggated data on the employment of different racial groups in government
service in different sectors.
10. The Committee notes the absence of any reference in the report to
the contribution of civil society organizations in the promotion of
ethnic harmony, and expresses its hope that the next periodic report
will reflect the contribution of such organizations, particularly those
dealing with issues related to combating racial discrimination, including
raising awareness about the Convention.
11. The Committee recommends that the State party take into account
the relevant parts of the Durban Declaration and Programme of Action
when implementing the Convention in the domestic legal order, in particular
in respect of articles 2 to 7 of the Convention, and that it include
in its next periodic report information on action plans or other measures
taken to implement the Durban Declaration and Programme of Action at
national level.
12. The Committee recommends that the State party consider the possibility
of making the optional declaration provided for in article 14 of the
Convention.
13. The Committee recommends that the State party ratify the amendments
to article 8, paragraph 6, of the Convention, adopted on 15 January
1992 at the Fourteenth Meeting of States Parties to the Convention and
endorsed by the General Assembly in its resolution 47/111.
14. The Committee recommends that the State party's reports be made
readily available to the public from the time they are submitted and
that the Committee's observations on them be similarly publicized.
15. The Committee recommends that the State party submit its sixteenth
periodic report together with the seventeenth report, due on 4 July
2004, as an updating report responding to all the points raised in these
concluding observations.
______________________
*Please note that the symbol CERD/C/Session No./CO/... will from now
on replace the previous symbol CERD/C/304/Add...