Committee on the Rights of the Child

Sixty-eighth session

12–30 January 2015

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues in relation to the combined third and fourth periodic reports of Jamaica

Addendum

Replies of Jamaica to the list of issues *

[Date received:3 November 2014]

List of abbreviations

CAPECaribbean Advanced Proficiency Examination

CCPAChild Care and Protection Act

CDAChild Development Agency

CISOCACentre for the Investigation of Sexual Offences and Child Abuse

CSECCaribbean Secondary Education Certificate

ESPEarly Stimulation Programme

ESTPEducation System Transformation Programme

JEFJamaica Employers Federation

JUTCJamaica Urban Transit Company

MLSSMinistry of Labour and Social Security

NCDNoncommunicablediseases

NGONon-government organization

NPACVNational Plan of Action for an Integrated Response to Children and Violence

OCAOffice of the Children’s Advocate

OCROffice of the Children’s Registry

OSHUOccupational Safety and Health Unit

PACTPeople’s Action for Community Transformation

PATHProgramme of Advancement Through Health and Education

RISEReaching Individuals through Skills and Education

STATINStatistical Institute of Jamaica

TACKLETackling Child Labour Through Education

UFCUnite for Change Initiative

WDACLWorld Day against Child Labour

YMCAYoung Men’s Christian Association

List of tables

Page

Table 1.0Number of Children in Critical Incidents in Comparison to the Total Number of Children in Care9

Table 2.0 Trends in Payments to Beneficiaries................................................17

Table 3.0 Return Rate of Children Reported Missing......................................24

Table 4.0Child Victims of Major Offences between 2011 and 2013.............29

Table 5.0 Drop-out Rates in Public Primary Level Education By Grade and Sex 2010/201131

Table 5.1 Drop-out Rates in Public Primary Level Education By Grade and Sex 2010/2011(cont’d)32

Table 6.0 Literacy Rates at the Primary and Secondary School Levels.............32

Table 7.0Enrolment in Special Education Institutions by Parish, Sex and Area of Disability 2013/201433

Table 7.1Enrolment in Special Education Institutions by Parish, Sex and Area of Disability 2013/2014 (cont’d)33

Part I

1. Please inform the Committee about measures carried out to harmonize national legislation with the Convention on the Rights of the Child, in particular with respect to the Child Care and Protection Act, 2004 and the process of reviewing this Act.

A Joint Select Committee of Parliament has been appointed to review various pieces of legislation, including the Child Care and Protection Act, with the objective of increasing the protection of women and children who are described as being among the most vulnerable. The Committee commenced its sessions in September 2014 and the Office of the Children’s Advocate (OCA) made a very detailed submission to the Committee. Some of the areas highlighted by the OCA as priority areas include the issue of corporal punishment in all settings, an expansion to situations in which a child is deemed to be in need of care and protection and the issue of children who end up in police lock-ups. All the proposals made are aimed at promoting the principles articulated in the Convention on the Rights of the Child.

To further support this effort, the Ministry of Youth and Culture in collaboration with the Child Development Agency and guided by a multi-sectoral technical advisory committee, embarked on a comprehensive review of the Child Care and Protection Act which saw a number of issues being placed on the table to be addressed some of which are topical, such as; (i) use of corporal punishment in the general public, (ii) the mandate of the CDA as it pertains to children in conflict with the law, (iii) uncontrollable children, (iv) role and responsibilities of parents especially in light of some parents taking their children to the courts on account of “uncontrollable” behaviour, (v) misalignment with or need for harmonization with other child-centred legislation.Efforts will be made to have these repositioned and shared with the Joint Select Committee of Parliament.Over 900individuals (children and adults) were consulted during the process, which has resulted in the preparation of a policy paper outlining recommendations for amendment to the Child Care and Protection Act (CCPA) and the CCPA Children’s Home Regulations has been finalized and preparations for its presentation to the Cabinet for a decision are far advanced.

Through an initiative of the Ministry of Youth and Culture, the Cabinet took a decision to decriminalize children who access the Court system as a result of “uncontrollable” behaviour.

2. Please provide updated information on the status and implementation of the National Framework of Action for Children as a comprehensive national strategy for implementation of the Convention in the State party.

The National Framework of Action for Children is finalized and is being prepared for submission to the Cabinet for its review and approval on or before March 31, 2015.

3. Please provide the Committee with information on the Child Development Agency as the main entity with the responsibility to coordinate the implementation and evaluation of activities under the Convention across all sectors and from national to district levels, as well as information on capacity and resource s for carrying out its mandate.

The CDA is an Executive Agency under the purview of the Ministry of Youth and Culture. It was established in 2004 out of a merger of the Child Support Unit, the Children Services Division, and the Adoption Board.The Agency’s mandate is to provide a safe and nurturing living environment for children who are in need of care and protection (those who have been abused, abandoned, neglected, experiencing behavioural issues or vulnerable due to disability).

The Child Development Agency has offices staffed by a team of social workers and administrators operating in all fourteen parishes across Jamaica.The network of offices is grouped into four regions with each region supervised by a Regional Director.The Agency also operates eight (8) places of safety and children’s homes. The work of the Agency is supported by a team of over four hundred (400) staff.

There are currently three (3) Child Protection Committees operating at the parish level. These committees, which are coordinated by the Child Development Agency in collaboration with the Parish Development Committees, consist of representatives from both government and civil society organizations.Efforts are now underway for the establishment of four (4) additional Child Protection Committees which are expected to be in place and fully operational by 28 February, 2015.

Please also provide information on how the Child Development Agency coordinates with the Office of the Children’s Advocate and the Offic e of the Children’s Registry.

The Child Development Agency (CDA) coordinates and collaborates with both the Office of the Children’s Advocate and the Office of the Children’s Registry on a number of levels including implementing the various provisions of the Child Care and Protection Act.

The Child Development Agency is required to receive, investigate and carry out intervention services for children who are the subject of a report made to the Office of the Children’s Registry.The Office of the Children’s Advocate on the other hand, by virtue of its mandate, is required to examine the effectiveness of the CDA’s duty of care as a relevant authority.

All three organizations are members of the Inter-Ministerial Committee which was established by the Honourable Minister of Youth and Culture to better respond to issues affecting children who come in contact and conflict with the law.Other members of the Inter-Ministerial Committees, chaired by the Minister of Youth and Culture, includes the Honourable Ministers of Education, Justice, National Security, Health and the Department of Correctional Services and their senior technical representatives.

4. Please provide additional information on the Office of the Children’s Advocate, its mandate, the human and financial resources allocated to it, complaint mechanisms, types of cases its handles, an d awareness-raising activities.

The Office of the Children’s Advocate is a Commission of the Jamaican Parliament which is headed by a Children’s Advocate.TheChildren’sAdvocateisanindependentcreatureof statutewhohasthebroadmandatetoprotectandenforcetherightsofallchildrenin Jamaica.In additiontobeingadefactoombudspersonforchildren, theChildren’sAdvocatehasbeen given the legal authority to institute proceedings against persons in a bid to inject accountabilityintothechildprotectionsystem.The main functions of the Advocate include:

(a)Issuing guidance on best practice in relation to any matter concerning the rights or best interests of children;

(b)Conducting investigations against anyone or any entitythat is alleged to have breached a child’s rights or operated in a manner that is harmful or not in keeping with a child’s best interest. This includes, but is not limited to relevant (government) authorities and may even result in the OCA having concurrent jurisdiction with the police;

(c)Monitoring and regulating the quality and the standard of care that is provided to children by agents of the State and holding them accountable where appropriate;

(d)Reviewing the adequacy and effectiveness of law and practice with regard to the rights and best interests of children;

(e)Giving advice and making recommendations to Parliament, any Minister of Government or the head of any government entity on matters concerning the rights or best interests of children;

(f)Providing legal representation for children who are in need of such assistance in any situation necessary — for example, in the criminal or civil court(s); education or other tribunals; and custody proceedings;

(g)Educating children, their care-givers and the general public about the existence of the Office of the Children’s Advocate and the functions of the office.

The Human and Financial Resources Allocated to the OCA

The Office of the Children’s Advocate is staffed by a team of four investigators who are required to respond to reported incidents of child abuse across the State and to carry out inspection of State and privately operated child care institutions.

The OCA does not generate its own income and is accorded a budget from the Ministry of Finance and Planning. TheOCA’s annualbudgetisatitshighestinitshistorythisfinancialyear(2014/2015)ataglobal totalof$112,000,000whichisjustunderUS$1milliondollars.

Complaint mechanisms within the OCA

The OCA has aninternal CaseManagementSystemthatgovernstheworkflowinrelationtohowcasesareprocessed by theOffice. Thereare four (4)primarysources for complaints that are handled by the OCA; these are:

(a)Referrals from the Office of the Children’s Registry;

(b)Referrals from other Ministries, Departments & Agencies of government as well as from private entities;

(c)Direct Clients who lodge complaints at the OCA’s complaint desk;

(d)The Children’s Advocate initiating of an investigation in circumstances where it seems that a child’s rights or best interests have been infringed.

Investigations are conductedunderthedirectionoftheLegalDepartmentandupon completion, a determination made as to the best way in which to seek redress on behalf of the child in issue, where appropriate.

Types of cases handled and awareness-raising activities of the OCA

The OCA has the legislative responsibility to investigate any situation in which a child is negatively impacted.

One of the primaryresponsibilitiesof the OCA istoassist theChildren’sAdvocateinraisingawarenessabouttheOCAandtheroleitplayswithin the child protection sector. Various printed collateral material that treat with the issue of children’srights,theChildCareandProtectionAct,theConventionontheRightsof theChildandtheOfficeoftheChildren’sAdvocatehavebeendevelopedanddistributed tochildren,care-giversandthepublicatlargeinabidtoincreaseawareness.Ona monthlybasisaswell,interventionsaredonewithpersonsincommunities,schools,faith basedorganizations,serviceclubsandothergatheringsontheroleoftheOCA,the importanceofchildrightsandwaysinwhichpersonsshouldseektopromotethose rights.

5. Please provide updated information on measures taken by the State party to combat all forms of violence against children, including corporal punishment, sexual abuse, incest, and domestic violence in all settings, including within the family, schools, alternative care institutions an d detention facilities.

The Ministry of Youth and Culture and the Child Development Agency is currently spearheading work towards the final approval of the National Plan of Action for an Integrated Response to Children and Violence.The goal of the NPACV is to create and maintain a protective environment, supportive of and responsive to the issues of violence, child abuse and maltreatment of children in Jamaica.The core objective is to reduce the impact of violence against children through an integrated approach to prevention, control, intervention responses, monitoring and evaluation so that the rights of children may be preserved, and the creation of an environment that stimulates their positive growth and development into productive citizens of Jamaica.

The NPACV is underpinned by a holistic right-based approach at both the national and local levels.The purpose of this approach is to achieve the implementation of well integrated systems which focuses on children’s rights, participation and protection at all levels. The plan embodies a number of targets, some of these are:

(a)By 2018, increase by at least 20% the number of children accessing quality service (by type);

(b)By 2018, reduce by 15% the number of reported cases of violence against children in targeted communities;

(c)By 2018, 30% of the total adult population can name three rights that children are entitled to and three corresponding violence prevention strategies;

(d)By 2018, 50% of the child population can name three rights and three corresponding responsibilities to prevent violence.

The NPACV is a multi-sectoral framework designed to provide stakeholders with a common understanding of, (a) the main issues and challenges relating to children and violence, (b) the proposed responses to these problems, (c) the processes of coordination, (d) the level of collaboration that is required between and among partners, and (e) mechanisms for maximizing the use of limited resources.

Currently, the law prohibits the use of corporal punishment for children in the following environments; (a) children up to the age of six (6) years in early childhood institutions under the Early Childhood Act 2005, and (b) children residing in the child protection sector and living in places of safety, children’s homes or in other arranged alternate living spaces such as Foster Care, under Section 62 of the Child Care and Protection Act 2004.

A national consultation on recommendations for amendments to the Child Care and Protection Act has recommended a phased approach to tackling the matter of corporal punishment with a view to ensuring that its use is prohibited in all educational institutions and public spaces in the first instance. This will be complementary to provisions already in place for its prohibition in early childhood and child protection spaces.

The Convention on the Rights of the Child andthe Convention on the Elimination of All Forms of Discrimination against Women as well as the other human and children rights convention prohibits the infringement on the rights of children with sexual abuses. This is further addressed by Jamaica’s National Development Plan Vision 2030, the Child Care and Protection Act (2004), Child Pornography Prevention Act (2009), Sexual Offences Act (2009), and Cyber Crimes Act (2011). Jamaica also ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in July 2011.An important milestone was the establishment of a Sex Offender Registry, which came into effect in July, 2011.

The Centre for the Investigation of Sexual Offences and Child Abuse (CISOCA), the Bureau of Gender Affairs, the Women’s Centre Foundation of Jamaica and Child Guidance Clinics are important government institutions addressing the issues of sexual abuse and providing care and support to victims.There are NGOs such as PACT and Hear the Children’s Cry that provide services for women and children affected by sexual abuse. The YMCA mostly caters to street children who are at great risk for sexual exploitation.

The Government of Jamaica in 2013 approved the National Policy for the Reintegration of School-Aged Mothers into the Formal School System.The mandatory reintegration of school-aged mothers into the formal school system ensures that girls are not denied opportunities of empowerment and self-sufficiency; thus minimizing the risk of possibly falling victim to other vulnerabilities such as trafficking, prostitution, or sexual abuse. The system will be primarily managed by the Guidance and Counselling Unit of the Ministry of Education in collaboration with the Women’s Centre Foundation of Jamaica.

The Ananda Alert System is an emergency response system operated by the Office of the Children’s Registry, an agency under the portfolio of the Ministry of Youth and Culture which addresses the growing number of children reported as missing in Jamaica. The system assists in the early location of missing children, to prevent sexual and other types of abuse or the loss of life that sometimes results in such situations. The alert system ensures early awareness by the public of missing children, providing information to aid in identification. A Missing Persons Investigation Policy was instituted to remove the traditional wait period of 24 hours for reporting missing persons to immediately.

The Child Abuse Prevention and Control in Residential Child Care Facilities Handbook was finalized and distributed to all child care institutions.The Child Development Agency has embarked on a series of staff re-sensitization session which targets approximately 200 employees working in the residential sector.The Handbook seeks to outline the duty of care and a code of conduct for persons working with children in the child protection residential sector, provide guidelines for filing reports of abuse and other incidents affecting children and on alternatives to corporal punishment.This series of caregiver re-sensitization will be concluded in the first week of November 2014.

Please also provide updated information on measures taken to prevent and to protect children from the high level of crime and gang-related activities in the State party.

The Government of Jamaica passed the Anti-Gang Bill (2013). This piece of legislation makes provisions for:

(a)The disruption and suppression of all criminal organisations (gangs); and

(b)Aims to target leaders of criminal organisations and criminalize their conduct.

The Anti-Gang legislation stipulates that a criminal organisation should not recruit a child to be part of or participate in that enterprise. Schedule II of the legislation defines the age of an adult distinct from a child as well as the features of a criminal organisation. The associated penalty for the involuntary recruitment of a child into a criminal organisation has an imprisonment term not exceeding twenty (20) years or a fine of One Million Jamaican Dollars or both.

Other provisions provide criminal penalties for offences stated under the CCPA, including the prohibition against the sale or trafficking of children, child pornography, the sexual grooming of a child, rape, grievous sexual assault, bondage and kidnapping.

Please additionally provide information on the implementation of recommendations stemming from the Task Force on Child Abuse Prevention established in 2008 in th e Office of the Prime Minister.

The Task Force on Child Abuse Prevention was instrumental in the conceptualization and establishment of the Ananda Alert System. The management of Ananda Alert System was shifted from the Ministry of Local Government and Community Development to the Ministry of Youth and Culture — Office of the Children’s Registry and systems streamlined and made operational.

The Task Force executed a series of Public Education Fora at the local parish / community level during its tenure impacting a little over 2,000individuals (adults and children).The Task Force on Child Abuse Prevention gave way for a more structured working group “Children Support Taskforce” which was established by the Ministry of Youth and Culture as an additional layer designed to mobilize resources to better support children and strengthen the institutional framework with focus on specific needs.

6. Please provide updated and detailed information regarding “critical incidents” in child care facilities, as mentioned in paragraph 226 of the State party report, and measures taken by the State party to reverse the increasing trend of such incidents, including measures to prevent and combat the abus e of children in institutions.

Table 1 .0Number of Children in Critical Incidents in Comparison to the Total Number of Children in Care – Children Involved in CI vs. Total Population (CIC)

R egion	Number involved in CI	Total Population (CIC)	Prevalence Rate
2009/10	2010/11	2011/12	2009/10	2010/11	2011/12	2009/10	2010/11	2011/12
North East	38	35	37	807	692	638	1:21	1:19	1:17
South East	240	228	115	2,731	2,688	2,182	1:11	1:12	1:19
Southern	57	86	34	890	932	907	1:16	1:9	1:27
Western	121	51	51	1,354	1,382	1,302	1:11	1:24	1:26
Total	456	400	237	5,782	5,694	5,029	1:13	1:14	1:21

Figure 1 .0Children Involved in Critical Incidents versus Total number of Children in Care

The likelihood of a child’s involvement in a critical incident lessened each year. Between 2009/10 and 2010/11 the overall prevalence rate decreased from 1 in 13 to 1 in 14 and continued to decline to 1 in 21 for the 2011/12 reporting period.

During the comparative years, there were fewer children involved in Critical Incidents each year. This is evidenced by the 12.3 % drop in the number of Critical Incidents occurring between 2009/10 and 2010/11 and a further 49.3% diminution between 2010/11 and 2011/12.

The overall prevalence rate for Critical Incidents, for all placement categories, decreased from 1 in 11 between 2009/10 and 2011/12 to 1 in 19 in 2011/12. This decline can be attributed to (1) a reduction in the number of Critical Incidents reported and (2) a reduction in the children in care population for 2011/12, and (3) improvement in the relationship between staff and clients, (4) increase level of awareness on safety and security measures, (5) positive impact of behaviour management programmes and practices being utilized by the team, (6) increased level of monitoring and regulatory oversight.

Please also provide information on the human and financial resources allocated to the child care protection system to prevent sexual, physical and mental abuse of children by caregivers.

The child protection system is staffed by a team of approximately 1,200 individuals, of whom a little over 500 are in the direct employment of the Child Development Agency.The remaining 700 are employed to the over forty (40) privately operated places of safety and children’s homes. The CDA has a team of six Institution Monitoring Officers who are required to make periodic monthly visits to determine the effectiveness of the delivery of the standard of care to children living in a residential setting.The team is supported by a cadre of over 80 social workers who are assigned to children and provides some level of interaction and supervision.Children living in alternate living spaces are monitored by the Agency’s cadre of social workers.

Between 2004 and 2011, the Government of Jamaica allocated an average of J$1,119,970,750.00 per annum to child protection system.These funds are utilized to, among other things, provide safety and security services for children.The CDA has an aggressive sensitization programme designed to educate caregivers on their duty of care and the expected code of conduct.All employees who work directly with children are required to produce a police report before their services are engaged.

Please additionally provide information on measures taken to reduce the number of children in residential childcare facilities, and to increase the number of children remaining in their homes “on supervision”, or placed in the Living in Families Programme, or in foster care, including by increasing stipends to foster familie s.

As at June 30, 2014 the total number of children living within the tertiary child protection system stood at 4,452 children consisting of 2,192 males and 2,260 females.Approximately 2,552 or 57% of children are residing in a Living in Family Programme Environment.This programme consist of (a) children remaining in their homes on a Supervision Order”, (b) Foster Care, or (c) in a Family Reintegration programme.

While the State has not increased the Grant that is payable to Foster Families, it has made provisions to provide support to meet the needs pertaining to the educational support for the child, clothing, and medical services and is provided for on a needs basis.

7. Please provide updated information on the implementation of the recommendations contained in the Keating Report relating to children’s homes and places of safety, including measures to address sexual abuse, mental health issues, alcohol and substance abuse, anti-social behaviour, as well as overcrowding, the non-separation of children in need of care and protection and those deemed “uncontrollable” or in conflict with the law, placing of children outside of their parish of origin making regular family visits difficult, and inadequate staffing, especially regarding specialists and the situation of children with special needs.

A review of the Children’s Homes and Places of Safety (Keating Report) was conducted in 2003.Based on the findings, 46 recommendations were made to improve the condition of children in State care.Approximately ninety-three (93) per cent of the forty-six (46) recommendations have been acted on of which, twenty-nine (29) have been fully implemented, fourteen (14) are at varying degrees of implementation and three (3) have not been implemented and are earmarked for future implementation.The recommendations can be categorized into three (3) groups. These groups represent recommendations that: (a)advocate reformation of the legal framework governing the child care and protection system; (b) propose establishment of standards/improvement in operational procedures; and (c) propose change in strategic approach to the management of children in the child care and protection system.The recommendations that have been fully implemented cover a number of achievements, which include:

The ratification of the Child Care and Protection Act and the Children’s Homes Regulations;

Revision and strengthening of the operational capacity of the Child Development Agency (CDA) to ensure that it offers premium quality service to children;

Development of standards aligned to international conventions and best practices.

The Ministry of Youth and Culture, which is the Portfolio Ministry with responsibility for Children’s Affairs, has taken a stronger role in the management and operations of the respective agencies (CDA and OCR), which has resulted in the fast tracking of policy decisions.

It is important to note that most of the recommendations that focus on deficiencies within the legal framework of the child care system have been addressed through the repeal and replacement of the Juvenile Act (1951) with the Child Care and Protection Act (2004).

Most of the recommendations that propose a change in the strategic approach to the management of children in the child protection system are still a work in progress. Keen focus is currently being placed on expediting the implementation of the following strategies:

(a)Separation of children in State care based on presenting needs. One major challenge that has been identified is the integration of children in the following categories: (i) Children in need of care and protection; (ii) Children with extreme behavioural problems; (iii) Children who have committed criminal offences. However, strides are being made toward the resolution of this problem. The Cabinet recently gave its approval to remove children with behavioural problems from the Juvenile Criminal Justice System. This will be replaced with therapeutic treatment methods to assist in their rehabilitation and reintegration.

(b)Strengthen the Foster Parent Programme by recruiting more parents to foster children in the system.

(c)Create Transitional living spaces (homes) to prepare children for re-integration into society. This initiative has been introduced to Muirton Boys Home and at least three other institutions.

(d)Develop a Child Case Management Information System. Cabinet recently gave approval for the Child Development Agency to acquire and install an integrated case management system to support the work being done in the child protection sector.

Once the financial resources become available, the three outstanding recommendations will be implemented.

8. Please provide information on the Policy on Special Education and measures taken by the State party to include children with disabilities in mainstream education, as well as to increase the accessibility of schools of other facilities to children with disabilities, including with respect to facilities built prior to the enactment of the Early Childhood Act and Regulations in 2005.

A Draft Policy is being reviewed with the assistance of the Legal Officers at the Ministry of Education. Approximately 7,000 students have been assessed through the Child Find Initiative. Pull-out programmes will facilitate the needs of these students. To date six (6) students have been provided with shadows to assist them. New schools being built under ESTP have provided for access by students with disability. Where students are in older facilities, ramps are installed to facilitate easy movement.

Please also provide information on children with disabilities in specialized centres and measures to ensure thei r protection from ill-treatment.

4,118 students were able to access segregated facilities during the 2013/14 academic year. The Code of Regulations is being revised to include specific disability-friendly clauses to promote and protect the rights of these students. The Disability Act also provides protection for these students. In-service workshops are also being conducted to help teachers to better understand the students’ behaviour and how to treat with them.

Please additionally provide information on the number of children serviced by the Early Stimulation Programme and whether efforts are underway to expand the programme throughout the island, including in rural areas, especially in light of the fact that donor funding has negatively affected the operations of the 3D’s Project and Rural Services f or Children with Disabilities.

The Ministry of Education, through its Special Education Section, provides a grant for children serviced by the Early Stimulation Programme. The recent opening of a centre in Portland provides diagnostic, therapeutic and counselling services to children in that region.

The Ministry of Labour and Social Security’s (MLSS) Early Stimulation Programme (ESP) presently serves one thousand five hundred and four (1504) children from birth to eight years with various types of developmental disabilities. The main concentrations are within Kingston, St. Andrew, St. Catherine, St. Mary and Portland. However, children are seen from all across the island. The MLSS, in collaboration with donor agencies, is presently establishing an assessment and intervention centre in the eastern region of the island. Plans are also underway to expand the programme to the western region of the island, this expansion will incorporate NGOs and other faith-based organizations.

The ESP, in providing parenting support, serves 70% of parents from a lower socioeconomic background as well as PATH beneficiaries. Also, parents are given support through parenting workshops and support groups. Some parents also receive special Rehabilitation grants through the Ministry of Labour and Social Security (MLSS).

9. Please provide updated information on measures to address the high rate of teenage pregnancies in the State party, including information on sexual and reproductive health education, incl uding methods of contraception.

Between 1983 and 2008, the adolescent fertility rate declined by 41%. There have been positive achievements in maintaining the level of availability and awareness of contraceptives such as the male and female Condoms, the Pill, Injectibles, Implants, IUD, “Morning after pill” and Sterilisation. Adolescent pregnancy prevention programmes during the period 2006 to 2010 were designed and implemented with the twin objective of delaying sexual initiation and use of an effective contraceptive correctly and consistently for those who remain sexually active. Fewer adolescents (15 to 17years) are initiating sexual intercourse. The major limitation in this area continues to be the fact that access to health care services without parental consent is limited for adolescents under the age of consent who are known to be sexually active. In order to improve access to information for this age cohort, the National Family Planning Board recently received funding from the United Nations Educational, Scientific and Cultural Organization (UNESCO) to establish a website targeting adolescents and youth with age-appropriate sexual and reproductive health information.

Please also provide information on measures taken to prevent sexually transmitted diseases, in particular HIV/AIDS, including measures aimed at addressing the stigma and discr imination relating to HIV/AIDS.

The Ministry of Health has embarked on a number of strategies to reduce STIs in Jamaica.These include but are not limited to:

Increased use of social media to engage key populations, increased access to condoms and lubricants;

Partnerships with social agencies to decrease social vulnerability (including stigma and discrimination, and gender-based violence);

Increase in outreach HIV and Syphilis testing;

Increase in civil society response.

Policy level interventions include engaging policy makers, faith-based organizations, people living with HIV (PLHIV) and other stakeholders in the review process of relevant legislation, policies and advocacy for legislative change with a view to reducing stigma and discrimination against key affected populations. Treatment, together with care and support, facilitates access to HIV testing and counselling, diagnostic services, specialized clinical care, antiretroviral medications, psychological and social support.

Please additionally provide information on the National Strategic Plan on HIV/AIDS 2007 – 2012, the results achieved under this Plan, and the status of the curren t Strategic Plan.

With reference to the National Strategic Plan on HIV/AIDS 2007–2012, the Ministry of Health’s HIV response has made significant gains in slowing HIV transmission. Surveillance data for 2012 reveal that the number of AIDS related deaths has decreased by 61% since the introduction of Universal Access to ARVs in 2004. The number of HIV tests done annually has almost doubled from less than 100,000 tests per year prior to 2004 to 248,311 in 2012, and 236,583 in 2013. The implementation of opt-out testing for pregnant women has resulted in nearly all pregnant women attending public clinics being tested for HIV and less than 1.9% mother to child transmission rate in 2013. In April 2013, Cabinet approved the integration of elements of the National HIV/STI Programme (NHP) into the National Family Planning Board (NFPB) to form the Sexual and Reproductive Health Authority for the purpose of strengthening the links between HIV and Sexual and Reproductive Health programmes and services through joint policy-making, planning and advocacy. In February 2013, both Houses of the Parliament approved the National Workplace Policy on HIV and AIDS as a White Paper. The draft Integrated Strategic Plan for Sexual Health and HIV (2014–2019) has been developed. National Consultations are currently underway to finalize the Plan.

10. Please provide detailed information on concrete actions taken to reduce child poverty and improve the standard of living of children, in particular in rural areas, including updated information on the National Poverty Eradication Policy and Programme, the Social Safety Net Reform Programme, the Programme of Advancement Through Health and Education (PATH), the Steps-to-Work Programme and the Roving Care Givers Programme; the number of children benefitting from these programmes and the impacts of such programmes on the lives of children in the State party.

As at 2013, there were 809,600 children in the population, accounting for 29.8 per cent of the total population. Boys accounted for 50.8 per cent of the total number of children. The child poverty rate as at 2010 was 21.9 per cent.

The Government is currently in the process of developing a new National Poverty Policy and Programme in keeping with Vision 2030 Jamaica — National Development Plan. A Poverty reduction Coordination Unit was established in the Planning Institute of Jamaica (PIOJ) to oversee this process.

The process of the Social Safety Net (SSN) reform that commenced in 2000 has evolved into a more comprehensive approach to the strengthening of the social protection system. This includes the continued strengthening of the Programme of Advancement Through Health and Education (PATH) and Steps-to-Work, products of the SSN reform process. PATH provides a conditional cash transfer benefit to members of eligible households on the programme. The vast majority of the beneficiaries are children. Children on the programme attending government schools and some government supported Basic Schools (pre-primary to secondary levels) are also provided for under the Government’s School Feeding Programme. Some PATH beneficiaries also access a transportation allowance and post-secondary grants.

The Steps-to-work Programme provides employment related opportunities to working-age members of PATH households in an effort to build capacity and improve income.

In March 2014, Cabinet approved the Jamaica Social Protection Strategy (SPS). The SPS is directly linked to Vision 2030 Jamaica, and provides a framework for achieving its Outcome of Effective Social Protection. The Strategy provides a comprehensive and systematic framework for the delivery of social protection in Jamaica. It embraces a life-cycle approach to addressing social protection related risks and vulnerabilities. For children it seeks to “Promote optimal development of all children in all spheres necessary to ensure their well-being, and enhance the potential for their eventual productive engagement in the labour market.”The SPS embodies and promotes a wide range of strategies along a continuum (preventative, protective, promotive, mitigative and transformative).

Through the Board of Supervision (“BOS” or “the Board”), the Ministry of Local Government and Community Development (MLGCD) continues to enhance the delivery of social assistance services through the development programmes, which support the well-being of the country’s registered, temporary poor and the homeless.As a priority, the Board supports the education of children who it identified within its non-residential programme. The programme presently supports over 3,000 children at the basic, primary and tertiary levels. Through work with the local authorities (LAs), children have been afforded the necessary means to achieve education at the tertiary level at institutions such as the University of the West Indies, Northern Caribbean University, Sam Sharpe Teachers’ College, Shortwood Teachers’ College, G.C. Foster College, Montego Bay Community College and Knox Community College. These children are identified as follows; Children in their own name (CION) and Children As Dependents (CAD).Both groups receive allowances commensurate with PATH.

The Programme of Advancement Through Health and Education, as a result of the Social Safety Net Reform, was implemented in 2002.The Programme is a consolidation of three (3) key programmes: Food Stamps, the Outdoor Poor Relief and the Old Age and Incapacity Programmes.The programme currently has approximately 372,000 registered beneficiaries benefiting from cash grants, which is paid on a bi-monthly basis.Seventy-three per cent (73%) of the registered beneficiaries are children.Based on results gleaned from an Impact Evaluation Study, there has been an increase in attendance of children in schools and improvement in educational outcomes. As it relates to health outcomes, approximately 38% on the programme has shown improved attendance at health centres.The Steps-to-Work Programme is one of the implementation strategies of PATH which targets working age members of PATH eligible households (ages 15 to 64 years) who are not economically active and to provide the relevant support services such as Business Development Training and Support, Vocational Skills Training & Certification, Entrepreneurship Grant Initiatives, Job Readiness and On the Job Training.Approximately 8,000 beneficiaries have benefitted from this Programme.

Please also provide updated information on other poverty reduction programme and initiatives benefitting children, including social welfare allowances and benefits for children from low-income families, including the School Feeding Programme, as well as programme to support parents, including information on the activities of the Parenting Commission and the status of the National Parenting Pol icy.

The Ministry of Local Government and Community Development through its Board’s Education of Poor Children Programme, monetary assistance is given to children in all parishes to attend school, i.e. lunch money and bus fare, purchase of books, aides and uniform/clothing, payment of school and examination fees. The Poor Relief Department (PRD) also counsel and encourage children and their guardians/parents, whose children are engaged in child labour, to make education a priority even to tertiary education.This activity also includes conducting regular school visits and monitoring their progress report cards. This resulted in the enrolment of one (1) student in the Sam Sharp’s Teachers College and two (2) attending the Montego Bay Community College. Additionally, five (5) children obtained five (5) to eight (8) subjects in the Caribbean Secondary Examinations (CSEC) with grades ranging from one (1) to three (3). One (1) student also obtained four (4) subjects in the Caribbean Advanced Proficiency Examinations (CAPE).As at 1 April, 2014, 3,829 children are enrolled in the Poor Relief Programme (379 CION and 3,448CAD); 3,152 of this number currently attend schools.

PATH, operated by the Ministry of Labour and Social Security, has interventions in place which are geared towards improving the educational attainment of students, which is in keeping with its overall objective of breaking the inter-generational cycle of poverty.Such interventions are as follows:

Differentiated Payments: This was introduced in 2008 aimed at improving attendance level of students especially boys in secondary schools;

Transitional Grants: This was introduced in 2009 aimed at assisting students to complete course of studies at secondary schools and for matriculation to accredited tertiary institutions;

Tertiary Bursaries: This was introduced in 2013 aimed at PATH students in 2nd to 4th year of University with a bursary based on academic achievements to offset their tertiary expenses;

Transportation Allowance: This was introduced in 2014 aimed at providing allowances to selected children to attend school on a regular basis based on the conditionality requirements of the programme;

School Feeding: All PATH student beneficiaries receive free meals under the School Feeding Programme.

The National Parenting Support Commission is spearheading a review of the National Parenting Policy. The policy’s five goals are:

(a)All Jamaicans make wise choices about becoming parents and make parenting a priority;

(b)All Jamaican children are loved, nurtured and protected instinctively and unconditionally by their parents;

(c)Each parent understands and applies positive practices in effective parenting;

(d)An enabling institutional framework exists to support parenting;

(e)The principles and implications of effective parenting are communicated to the public in user friendly ways that enable comprehension of the material.

Despite the challenges, Jamaica remains one of the few countries to have developed a national parent support policy.

Please note some of the programmes under the Effective Parenting Campaign are:

(a)Three Regional Parenting Information Fairs;

(b)Parenting Workshops and Seminars;

(c)Regional Expositions and Workshops;

(d)Educational Parents’ Club;

(e)Effective Parenting Community Fora;

(f)Parent Mentor Training Programme;

(g)Inter-Schools Parent Discussions.

Please additionally provide updated and more comprehensive information on the Social Protection Project supported by the World Bank regarding the increase of conditional cash transfers to poor families with children.

The clients of the Poor Relief System, including children, also receive benefits through PATH.

The GOJ/World Bank Social Protection Project, formally launched in Jamaica on 16July, 2014, is being executed by the Ministry of Labour and Social Security in collaboration with the Planning Institute of Jamaica, who has the specific task for the development of the Social Protection Strategy, including establishing the relevant institutional arrangements for monitoring implementation. The Project has supported a number of knowledge-gathering activities towards the development of the strategy including the following studies:

A Review of the Social Safety Net Capacity;

A Review of Current and Emerging Vulnerability in Jamaica in the context of Risk to Income, Poverty and Food Security;

A Review of State Capacity to Prepare Wards of the State for Independent Living.

The findings and recommendations have also begun to be implemented.

There is a benefit review mechanism which has been instituted by the State which triggers an increase in payments based on inflation.The beneficiaries have benefitted from increased payments over the years.Below are the trends outlined since 2008:

Table 2 .0Trends in Payments to Beneficiaries

Category	Grade	Sex	Monthly Benefit (J$) 2008	Monthly Benefit [June 2010] (J$)	Monthly Benefit [April 2013] (J$)	Proposed Monthly Benefit Increase [April 2014] (J$)
Education	1 to 6	Male	715.00	825.00	950.00	1,045.00
Female	650.00	750.00	865.00	1,045.00
7 to 9	Male	935.00	1,075.00	1,240.00	1,400.00
Female	850.00	975.00	1,125.00	1,400.00
10 to 13	Male	1,100.00	1,265.00	1,455.00	1,600.00
Female	1,000.00	1,150.00	1,325.00	1,600.00
Health (Children 0 – 6 yrs )	650.00	750.00	865.00	1,000.00
Pregnant & Lactating	650.00	900.00	1,035.00	1,190.00
Elderly	650.00	900.00	1,500.00	1,725.00
Disabled	650.00	900.00	1,035.00	1,190.00
Poor Relief	650.00	900.00	1,035.00	1,190.00
Adult Poor	650.00	900.00	1,035.00	1,190.00
Minimum Protection Floor		400.00	400.00	400.00

11. Please provide in particular updated information on measures taken to reduce the number of students who drop out of school, in particular boys, pregnant girls, children living in poverty and c hildren living in rural areas.

Benefits under the PATH programme are differentiated in favour of boys. Attendance is one of the conditions for continued receipt of benefits.A National Policy on the Reintegration of School-Aged Mothers into the Formal School System has been developed and is being implemented.The policy addresses the issue of a place being provided for the student at the same or different school.

The Women’s Centre of Jamaica Foundation undertakes several methods to contribute to the reduction in the dropout rate of girls in schools, primarily pregnant teens:

Monitoring the teen mothers who have been reintegrated into the formal school system with a view to facilitating completion of their secondary education and reduction of a 2nd pregnancy;

Assisting the school counsellors with group sessions on request;

Participating in community workshops and exhibitions where the topic of teen pregnancy is highlighted and behaviour change communication material is distributed.

Please also provide information on measures taken to address the issue of access to secondary education beyond grade 9 due to the shortage of upper secondary spaces in urban areas, as well as support provided to low-income families for school-related expenses, including books, meals, uniforms, exami nation fees and transportation.

Access to secondary places: With support from IDPs, new schools have been constructed and existing ones expanded. The Ministry also bought places from some private institutions and partners with private owners in a grant-aided arrangement.The implementation of the extended day mode of operation in some schools has been used to increase the capacity of the schools.

Examination Fees: Under the Secondary School Examination Incentive programme, the Ministry of Education provides subsidy for students sitting the Caribbean Examination Council’s CSEC and CAPE examinations in the following ways:

The Ministry of Education pays the examination fees for four subjects in CSEC: [Math, English, IT and a Science subject] and three subjects in Unit 1 of the CAPE;

Through the facilitation of the Ministry of Education, the National Commercial Bank (NCB) pays the exam fees for Principles of Business and Principles of Accounts for students with the required score.

Textbooks: The Ministry of Education also provide core texts for all students up to Fifth Form or Grade 11 under the National Textbook Loan Scheme.

Meals: Through the School Feeding Programme an amount of J$75.00 per child, is allocated to schools for PATH students. Some secondary schools also benefit from subsidized meals under the School Feeding Programme.

Transportation: Students in uniform receive special subsidy for travelling on the Jamaica Urban Transit Company (JUTC) buses.

The Women’s Centre of Jamaica Foundation provides support to low income families for school related expenses. Sponsorships are sought for girls who are unable to afford school related expenses and schools are asked to extend welfare services to the reintegrated teenage mothers in dire need.

With respect to girls who are forced to leave school during pregnancy, please additionally provide information on measures taken to ensure that such girls receive the necessary support to continue with their education or vocational training as well as to reintegrate back into schools.

The National Policy on the Reintegration of School-Aged Mothers into the Formal School System addresses this. Under the policy it is expected that there will be a 100% reintegration of school-aged mothers into the formal school system.

At the Women’s Centre of Jamaica Foundation, measures are taken to ensure that such girls receive the necessary support to continue with their educational or vocational training, as well as to reintegrate into schools. Such measures include:

Application of a systematic monitoring system in collaboration with the Ministry of Education, where teenage mothers have been reintegrated into the formal school system;

Parents are encouraged to apply for the PATH benefits;

Discussions are taking place with the Ministry of Labour and Social Security, Case Management Unit for increased benefits to be given to teenage mothers, especially as they are reintegrated into the formal school system;

Counselling sessions held with parents of the teenage mothers emphasize the importance of parental support in facilitating completion of secondary education.

In this regard, please clarify whether the State party envisages amending the Education Act to mandate that schools accept adolescent mothers less than 18 years of age back into school after the birth of their child.

There is no plan at this time to amend the Education Act to mandate schools to accept adolescent mothers.

Regulation 31, Paragraph 2&3 states:

(2) A student of a public education institution who becomes pregnant shall be excluded from attending the institution during the period of pregnancy, but the Minister may take such steps as may be necessary to permit her to continue her education in that institution or if convenient in another public education institution.

(3) Arrangements may be made to enable students who have been suspended or excluded from school for pregnancy or other health reasons to sit important examinations in connection with the completion of their education.

12. Please provide updated information on measures taken by the State party to combat child labour, including information on inspections by government authorities in those industries known for employing children, including in the informal economy, as well as updated information on the National Plan of Action on Child Labour, the Tackling Child Labour Through Education (TACKLE) initiative, and the Possibility Programme, including results achieved.

The International Labour Organization, in collaboration with the Government of Jamaica and with funds from the European Commission, launched a Programme in February 2009 entitled “Tackling Child Labour Through Education” (TACKLE). The objectives of the Programme are as follows:

Overall objective

To contribute towards poverty reduction in the least developed countries by providing equitable access to basic education and skills development to the most disadvantaged section of the society.

Results

Result 1.Improved country level child labour and education legal framework or strengthening where the framework already exists.

Result 2.Strengthened institutional capacity leading to improved ability to formulate and implement child labour strategies.

Result 3.Targeted actions to combat child labour designed and implemented to develop effective demonstration models.

Result 4.Enhanced knowledge base and networks on child labour and education through improved advocacy and dissemination of good practices.

The TACKLE Programme’s start-up phase is complete and the Programme is now ready to actively engage key patterns in the fight to eliminate child labour through education. The Ministry of Education is an important partner in the successful attainment of the stated goal and the following specific objectives:

Existing legal framework revised/assessed with a view to harmonising education and labour legislations;

The capacity of Ministries of Education to develop education policies and programmes is strengthened or developed;

The capacity of Ministries of Education to develop curriculum and education methodologies in both formal and informal sector is strengthened or developed;

The school based attendance monitoring is assessed and strengthened;

Formal education and training interventions aiming at withdrawing children from child labour developed;

Formal education and training interventions developed, aiming at preventing children from entering child labour;

Non-formal education programmes developed for out-of-school children involved in child labour;

Activities aiming at awareness raising among the target groups on issues related to child labour, and laws as applicable to their situation, supported.

Result 1: Legislation/legal framework, policies

A comprehensive review of all national legislation vis-à-vis International Labour Organization Conventions 183 and 132 was undertaken. Recommendations have been shared with the Government and action has begun. The report will be published and used as an advocacy tool to encourage harmonisation of laws and improvement in enforcement:

Jamaica Confederation of Trade Unions establishment of Child Labour Steering Committee, development and adoption of Child Labour Policy;

Jamaica Employers Federation draft child labour policy;

Ministry of Labour and Social Security draft Child Labour Policy;

National Education Policy reviewed to include child labour;

Poor Relief Department (one of two agencies with responsibility for administering the national social security mechanism, for the poor and indigent) included child labour in their corporate plan and all future activities for 2011–2012.

Result 2: Capacity building/training

Establishment of National Child Labour Steering Committee / Project Advisory Board and results based subcommittees;

Stakeholder Consultation for the review of light work and hazardous work lists;

Sensitization of labour inspectorate (local workshops, Turin (Italy) Centre– labour inspection, and trafficking);

Training in policy development at Turin Centre (Ministry of Labour and Social Security legal officer);

Training of STATIN staff in child labour data management;

A Jamaican delegation consisting of members of the Jamaica Confederation of Trade Union, The Jamaica Employers Federation and the Ministry of Labour and Social Security attended a regional hazardous work workshop 11–13 October in Grenada. The result was a draft hazardous work list for Jamaica;

31 Sports coaches and guidance councillors sensitized to child labour and trained in the use of the SCREAM tool, which was used with children in inner city communities;

Training in financial management and reporting training provided to key national stakeholders;

Jamaica Confederation of Trade Unions hosted a five-day training workshop to sensitize key union leaders to issue of child labour.

Result 3: Direct action

Two action programmes were implemented starting in February 2011 through two non-government organizations, namely RISE Life Management and Children First.

RISE Life Management is an organisation with excellent track records in reaching at risk children and demonstrated their technical and administrative strengths during the period under review;

RISE Life Management undertook work in six inner city communities within the Kingston metropolitan area. Their original targets to withdraw 275 children from child labour and undertake prevention activities with 600 children through various in school and after school programmes had to be adjusted to accommodate significant challenges in gaining access to working children from some schools and communities;

Children First undertook work in Spanish Town a large metropolitan city, Old Harbour Bay, a fishing village, and May Pen, a rural agricultural and mining town;

Children First was successful in meeting its target to withdraw 130 children from child labour and undertake prevention activities with 670 children through the formal and informal education sectors;

Action programmes have included remedial education, skills building, awareness raising, rehabilitation and helping children and families access social support mechanism. Both Action programmes experienced unexpected challenges, which resulted in a slight delay to their implementation schedule. RISE is anticipated to complete their programme in March 2012 and Children First in June 2012;

Jamaica Employers Federation undertook a five day summer camp for 30 child labourers, exposing them to various skills required for successful entry into the formal sector upon leaving school. The summer camp resulted in a lasting relationship between a charity that works to removal child labours, the JEF and the Jamaica Constabulary Force. The group continues to collaborate in support of the children that participated in the summer camp;

Sports Mentorship Programme undertaken in which Football clinic and football league mentorship programme were run for three consecutive months, two days a week, enrolling 400 children aged 8–16 in one inner city community (Maverley);

30 children identified through sports clinics as child labourers and referred to local NGO and Ministry of Labour. Low literacy printed material (fliers and notices) advertising football clinics and highlighting child labour issues distributed in schools and throughout surrounding communities. 76 parents/guardians followed up by Guidance and Counselling staff within one month of the completion of the Sports Mentorship programme to assess attitude and behaviour towards child labour.

Result 4: Enhanced knowledge base, networking and awareness-raising

Jamaican delegation to Mid Term Review validation workshop in Brussels presented progress report and recommendations. Preparatory meetings and consultations held prior to travel;

Jamaica Employers Federation highlighted child labour at their annual Convention from 6–9 May, 2011. The Convention hosted approximately 500 participants from the private sector;

National stakeholders commemorated WDACL in 2010, 2011, and 2012. 2011 activities included a three-week long public education campaign in the media supported by 8 local celebrities, culminating with a radio address from the Prime Minister and Leader of the Opposition;

Knowledge, Attitude, Practice and Behaviour survey undertaken in 30 schools nationwide. The data will be used to develop a module on child labour for inclusion in the national education system;

Knowledge, Attitude, Practice and Behaviour survey undertaken with the Jamaica Constabulary Force, the results for which have been used to design a training programme on child labour for the police force;

Supported the development of a Child Labour Handbook for Professionals. The handbook will be published and disseminated along with training to key stakeholders.

Please also provide information on the draft Occupational Health and Safety Act, including the reasons for the delay in its adoption .

The Draft Occupational Health and Safety Act (Bill) is the now the subject of review by the Chief Parliamentary Counsel. The Draft Bill includes the Regulations on Child Labour. It is expected that the Bill will be tabled for Debate by both Houses of Parliament before the end of the 2014/15 Legislative year.

Please further provide updated information on assistance provided by the State party to child victims of labour exploitation, including compensation, education, vocational training, witne ss protection, and counselling.

The Occupational Safety and Health Unit (OSH) of the Ministry of Labour and Social Security are yet to identify any such case. Should a case arise, the matter would be referred to other State agencies with direct responsibility for children.

13. Please provide updated information on measures taken to address the problem of children in street situations, and issues related to this phenomenon, including substance abuse programme and counselling, HIV/AIDS screening and health services, and support to NGOs that assist children in street situations.

ChildrenwholiveinstreetsituationsareproperlyclassifiedbyourChildCareand ProtectionActasbeinginneedofcareandprotection.[Additional information will be presented by the State when it appears before the Committee in January 2015.]

Please also provide information on measures taken to address the sexual exploitation of children in street situations, in particular boys from poor inner city comm unities.

At the macro level, the OCAhas soughttobringnationalattentiontothisissueby conveningandfacilitatingdiscussions among awide cross-section of stakeholders in a bid to make progress towards meaningful solutions. In April of 2013, the OCA hosted a conference entitled The Phenomenon of Street Children in Jamaica; this saw international presenters from the United Kingdom and Canada, as well as local stakeholders from government, civil society/NGOs and the political directorateexchanging ideas about possible solutions within the Jamaican context. The OCA is also in the process of finalizing a Report to Parliament which will incorporate specific recommendations on how to tackle this problem. Emphasis is being placed on the need to protect the rights of this particular cohort of vulnerable children.

14. Please provide information on trafficking in children, both for purposes of sexual and labour exploitation, and child pornography in the State party, including statistics on prosecutions and convictions under the new Child Pornography Act 2009 and the Trafficking in Persons Act 2007 and other measures taken to address these problems, including whether it is envisaged to include conspiracy as a criminal offens e relating to the above crimes.

The National Taskforce against Trafficking in Persons (Taskforce) was established in June 2005 as a multi-agency approach to enhance national capacity and to develop and implement Jamaica’s legislative, institutional and operational response for combating Trafficking in Persons. The core emphasis of the Taskforce is the prevention and suppression of trafficking in persons, investigation and prosecution of all individuals suspected of committing the offence, as well as the protection and provision of assistance to victims of trafficking, by enhancing national capacity and developing Jamaica’s legislative and institutional framework for the elimination of trafficking. The National Plan of Action for combating Trafficking in Persons in Jamaica was approved by the Cabinet in December 2012. The Plan of Action constitutes a robust approach to dealing with Human Trafficking and is organized under three areas, consistent with the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007. These areas are Prevention, Protection and Prosecution. A specialized Trafficking in Persons Unit was established within the Jamaica Constabulary Force who works in collaboration with representatives of the Office of the Director of Public Prosecution in handling matters pertaining to trafficking in persons. The Government of Jamaica has also embarked on a public education campaign to educate persons regarding the meaning of “trafficking in persons”, how to identify possible victims and perpetrators, preventative measures and avenues for assistance or redress;

One (1) person was prosecuted under the Trafficking in Persons (Prevention, Suppression and Punishment) Act 2007. However, the accused pled guilty to the lesser offences under the Sexual Offences Act and the Offences against the Person Act.For the period 2012 to 2013, twenty-three (23) victims of trafficking in persons were rescued. There are currently seven (7) matters pertaining to Human Trafficking that is before the relevant authorities for consideration. There have been no prosecutions or convictions under the Child Pornography Act 2009.In 2013, the Trafficking in Persons (Prevention, Suppression and Punishment) Act was amended to make it an offence for a person to conspire with any other person to commit an offence of trafficking in persons.

Please also provide information on the phenomenon of missing children in Jamaica.

For the period January 2011 to December 2013, a total of 6,410 children were reported missing.87.4 per cent of these children were recovered or returned home alive.These figures indicate that approximately 9 out of every 10 children who went missing over the period were recovered in the period. When examined by sex, the rates of recovery are relatively the same, with girls having a marginally higher rate of recovery of 87.5 per cent relative to 87.0 per cent for their male counterparts. Since the management of the Ananda Alert System was transferred to the OCR on 1 March 2013, sensitization sessions have been held with children, Police Officers, medical and teaching personnel, transportation workers, community groups, and non-government organisations.The OCR has also engaged the private sector (financial, service and distributive trade) in an effort to expand the avenues available to share safety tips with parents and children and other important information about the Ananda Alert system.Additionally, information on missing and recovered children was expanded to include the use of video boards and email blasts and will be expanded to internal digital screens, website, social media and print media.

Memorandum of Understanding

In order to facilitate the efficient operation of the Ananda Alert System (AAS), a Memorandum of Understanding was concluded with several agencies at a Press Conference held in May 2013.

Process flow and records management mechanisms were developed and implemented for the receipt and referral of reports of missing children.The process flow was developed with the following elements:

Report Receival & Information Dissemination;

Support Organizations Informed and On the Ground Networks Activated;

Search, Rescue and Recovery Systems Activated;

Sustained Recovery Efforts;

Psychosocial Support Systems Activated.

Study Tour – Canada

The State has collaborated with representatives of the Government of Canada, namely Children’s Aid Society and the Toronto Police Service. The Canadian Jamaica Association also facilitated a study tour.The purpose of the study tour was to learn from the experiences of similar systems (Amber Alert) for the recovery of missing and abducted children that have been successfully implemented in this and other countries.The OCR has developed and intends to implement search and rescue protocols for missing children along with key stakeholders across in Jamaica.

While it is admitted that there are serious challenges among this vulnerable group, the available data does not support the assertion that missing children in Jamaica are indeed being trafficked. The facts presented below from the National Intelligence Bureau of the Jamaica Constabulary Force clearly illustrate that there has been a high rate of return of missing children to their homes over the four-year period 2011 to present, ranging from 82% to 92%. Therefore, there is no empirical evidence to suggest that that there is a link between human trafficking and the increase in the number of children reported missing.

Table 3.1Return Rate of Children Reported Missing

Period	Missing	Returned
1 January, 2011 – 31 December, 2011	2125	1955	92%
1 January, 2012 – 31 December, 2012	2077	1917	92%
1 January, 2013 – 31 December, 2013	2220	1970	89%
1 January, 2014 – 31 May, 2014	971	794	82%

Please additionally provide information on shelters for victims as well as health care services, including mental health counselling and other services afforded to victims of trafficking, including compensation, education, vocational tr aining, and witness protection.

The issue of shelter for victims of trafficking remains a matter of priority on the agenda of the National Taskforce against Trafficking in Persons (Taskforce) which is chaired by the Permanent Secretary in the Ministry of Justice. The Taskforce is comprised of a wide range of Ministries, Departments and Agencies (MDAs). All the entities work together in providing health care, education, protection and other services to victims of trafficking.

A victim shelter was established and guidelines for the Operation of Care Shelters for the Victims of Human Trafficking were adopted in 2008. In addition, there is a pool of approved places of accommodation for TIP victims in Jamaica. In 2012, Jamaica provided care and shelter for a group of twenty-one (21) Honduran boys on board a Honduran fishing vessel intercepted by the Jamaica Defence Force in Jamaican Coastal waters. The Government of Jamaica provided shelter and meals along with counselling, medical relief and support through the Victim Support Unit (VSU), the Child Development Agency and the Ministry of Health (MOH).

15. Please provide updated information on the juvenile justice system as well as actions taken at enhancing the skills and specialization of all relevant actors, including law enforcement personnel, lawyers, judges, and social workers, with regard to the protection of the rights of chil dren in conflict with the law.

Correctional Officers and Social Workers continue to benefit from ongoing training development programmes geared towards strengthening their capacity to provide effective support for children who come in contact with the juvenile justice system.Such training included but was not limited to Rights of the Child, Techniques for Working with Children, among others.

The Justice Training Institute (JTI), the training arm of the Ministry of Justice, has as its overarching mandate the responsibility to provide relevant and high quality training and staff development for legal and administrative personnel employed in the Courts, the Office of the Director of Public Prosecutions, the Office of the Attorney-General and Justices of the Peace. Thus far, training conducted by the JTI has not included information regarding the Convention on the Rights of the Child. However, efforts are being made to source a human rights specialist to deliver training sessions on human rights and pertinent conventions, including the Convention, to the judges and lawyers.

Please provide information, in particular, on measures taken to strengthen the judiciary, such as by providing adequate resources, increasing the number of judges, and access to information, including copies of current relevant legislati on, computers and the Internet.

The Judicature (Supreme Court) Act provides that there should be no less than 24Puisne Judges and no more than 40. The Judicature (Appellate Jurisdiction) Act indicates that the judges of the Court of Appeal are the President, the Chief Justice and no less than 3 or more than 12 other judges. Both legislation give the Minister the power by order published in the Gazette to amend the relevant section of the Act to increase the maximum number of judges. These provisions were inserted in the legislation in 2008. There are currently 7 courts of appeal judges and 34 Supreme Court judges, which includes the acting judges.

The Law Revision Office is a unit within the Ministry of Justice that is directly responsible for the revision and dissemination of Laws of Jamaica. The main functions of the Unit include textual changes to the Laws of Jamaica and the preparation of the Laws of Jamaica on Compact Discs for updating the Ministry’s website.This preparation process involves scanning, cropping and capturing of the revised pages received from the Jamaica Printing Services, updating of the Units PDF version of the laws of Jamaica as well as the creation of links to the various sections of the laws, thus facilitating ease of access. The Office notifies the Courts, Ministries, Departments and other relevant stakeholders in the justice field when revised pages become available for purchase and encourages them to take steps to update their Volumes accordingly. The Office also publishes an unofficial database of the laws online through the website of the Ministry of Justice at no cost. A Laws of Jamaica DVD is also in the process of being published and will be available at cost. The Office is also currently in the process of bringing up to date a Guide to Subsidiary Legislation to aid in the tracking of Subsidiary Legislation.

The overall goal of the Citizen Security & Justice Programme (CSJP) Reintegration Programmeis to enhance citizen security and justice in Jamaica. The principal objectives are to prevent and reduce crime and violence; strengthen crime management capabilities and improve the delivery of judicial services.A number of other initiatives being pursued by the State under this programme are the (a)USAID Hydroponics Project at Metcalfe Street, (b) National Child Diversion Policy which is currently being scheduled for implementation, (c) Safe School Programme, (d) Challengers Camp for probationers.

Please additionally provide information on measures taken to combat the increase in juvenile crimes through intervention programmes, vocational training and other outreach activities, as well as on diversion mechanisms and alternatives to punishment and incarcerati on utilized in the S tate party.

The Corporate Area Family Court Attendance Centre is a non-residential training centre established to provide rehabilitative services for children between the ages of 14 and 17 years who come into conflict with the law for unmanageable behaviour or are in need of care and protection. The current activities of the Centre include upgrading the academic skills of the children through a daily work schedule, exposing the children to juvenile training and providing counselling services and rehabilitation for the children.

Section 76 of the Child Care and Protection Act permits the Court to make orders which do not involve incarceration or punishment where a child is found guilty of an offence. The orders which may be granted include probation orders and community service orders.

In support of the National Plan of Action, the Ministry of Justice was appointed as the lead Ministry to plan, implement, monitor and evaluate a Child Diversion Pilot Project. Diversion as a tool of restorative justice is used primarily to place the child offender on a path away from the criminal justice system and its attendant negative features. A Policy is being developed to establish a formal framework for dealing with children in conflict with the law throughout the criminal justice process ensuring that detention or institutionalization is a measure of last resort in accordance with the Convention on the Rights of the Child. The draft Policy is guided by the concept and practice of diversion outlined in the United Nations Standard Minimum Rules for the Administration of Juvenile Justice(Beijing Rules), 1985.

16. Please additionally provide information on the Task Force on Residential Child Care Institutions and the status of the implementation of the Plan of Action, as well as the status of the implementation of the National Plan of Action for Child Justice (2006 to 2011), including the National Diversion Policy, the establishment of more Family Courts, and measures to assist young and vulnerable witnesses.

The National Diversion Policy is being finalized by the Ministry of Justice after which it will be submitted to Cabinet for approval.

The proposal to establish more Family Courts is actively being pursued with respect to funding and the sourcing of additional resources as required.

The Evidence Special Measures Act was enacted to allow vulnerable witness, including child witnesses, to give evidence by way of a pre-recorded video interview and or audio-visual live link to the court room. The aim is to lessen the psychological trauma of attending and giving evidence in court and to provide an environment that may improve the quality of evidence given by a vulnerable witness. The Act also provides for the presence of a witness supporter where a vulnerable witness is giving evidence.

Part II

In this section the Committee invites the State party to briefly (three pages maximum) update the information presented in its report with regard to:

(a)New bills or laws, and their respective regulations

The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act (2011);

The Trafficking in Persons (Prevention, Suppression and Punishment) Act (2007) (Amended in 2013);

The Cyber Crimes Act (2010);

The Child Pornography (Prevention) Act (2009);

The Sexual Offences Act (2009);

Criminal Justice (Suppression of Criminal Organizations) Act.

(b)New institutions (and their mandates) or institutional reforms

The Government of Jamaica established the National Parenting Support Commission in 2012 as part of its national response to addressing the issues affecting parents inclusive of weak parenting practices.

The Jamaican State in 2011 took steps which resulted in the shifting of the children’s portfolio from the Ministry of Health to the Ministry of Youth and Culture.

The Ministry of Youth and Culture has established an Inter-Ministerial Committee comprising Honourable Ministers and representatives of the Ministry of Youth and Culture, Ministry of Justice, Ministry of Education and Ministry of National Security. This Committee was convened by the Honourable Minister of Youth and Culture in response to the issues of violence against children and the need to have a collaborative approach to eliminate, if not minimize the negative impact violence has on the development of our children and the nation at large and to ensure complementary services are in place to supplement these initiatives.

(c)Recently introduced policies, programmes and action plans and their scope and financing

The State has made provisions which saw the promulgation of a number of national policies and plans of action, namely:

National Plan of Action on Child Labour (2013);

National Policy for the Reintegration of School-Age Mothers into Formal Education System (2013);

National Persons with Disabilities Act (2014);

National Policy for Gender Equality (2011).

The State has introduced a number of new initiatives and programmes to support its work in promoting and protecting children and their inalienable rights.One such is the Multi-Agency Strategic Development for Child Protection Programme, wherein agencies such as the police (Centre for the Investigation of Sexual Offences and Child Abuse), the CDA, OCA, OCR, Women’s Centre (operated by CISOCA and the CDA) and at least five other MDAs are part of the overall response mechanisms to respond to needs, reduce incidents of re-traumatizing victims and diverting children from the Justice System continues with a 95% success rating.

Between April and June 2013, the Programme received and processed 309 cases.This initiative has yielded a high success rate, with only 20 children being remanded to Places of Safety and 40 were referred to the Women Centre Foundation, which is under the auspices of the Office of the Prime Minister.Approximately 94 per cent of children were maintained within their family structures, which is a key provision under both the Child Care and Protection Act and Articles 9 and 10 of the Convention on the Rights of the Child.

The Ministry of National Security has embarked on a nationwide campaign called “Unite for Change” (UFC), an initiative aimed at coordinating the implementation of all violence prevention programmes island wide under the four (4) pillars of the National Crime Prevention and Community Safety Strategy (NCPCSS) approved by Cabinet in October 2013.These are:

(a)Crime Prevention through Social Development;

(b)Situational Crime Prevention;

(c)Effective Policing and Justice Processes; and

(d)Reducing Re-offending.

Coordination of activities among actors in the area will be focused on achieving the following outcomes, inter alia, related to children and youth agreed by the broad UFC stakeholder technical working group:

(a)Reduced re-offending among youth 12–17 years of age;

(b)Reduction in the occurrence of child maltreatment cases;

(c)Reduction in teenage pregnancies;

(d)Increase in the reintegration of teen mothers into the formal education system;

(e)Increase in self-worth among youths within targeted communities;

(f)Reduced acceptance of physical punishment for children.

(d)Recent ratifications of human rights instruments

In 2011, the State ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Part III

Data, statistics and other information, if available

1. Please provide data for the last three years on the budgets allocated for children at the national and local levels (in absolute terms and as a percentage of the national budget and of gross domestic product) in the fields of education, health, socia l services and child protection.

The State has commenced the collation of this data but will be in a better position to present the relevant information when it appears before the Committee in January 2015.

2. Please provide, if available, updated statistical data (disaggregated by age, sex, geographic location, and socio-economic status) for the last three years on the number of:

(a)Child victims of abuse, including victims of sexual abuse and exploitation

Between 2011 and 2013 9,714 children were victims of major offences such as sexual exploitation in all forms, assault and murder. The table represents a breakdown of these major offences against children.

Table 4 .0Child Victims of Major Offences between 2011 and 2013

Offences	Gender	Total
Male	Female
2011	2012	2013	2011	2012	2013
Murder	54	34	35	10	9	15	157
Shooting	67	65	50	14	20	27	243
Aggravated assault	15	64	61	7	25	29	201
Rape	-	-	-	462	533	434	1,429
Sexual Intercourse/under 16	6	16	29	421	1153	939	2,564
Sexual offence	5	48	50	112	494	467	1,176
Carnal abuse				143	-	-	143
Assault	151	405	359	313	550	537	2,315
Others	93	342	311	115	312	313	1,486
Total	391	974	895	1,597	3,086	2,761	9,714

(b)Investigations of cases of sexual violence and rape, and the outcomes of trials, including information on the penalties for perpetrators, and redress and compensation offered to the victims”

The State is currently collating this data and will be in a better position to present this information when it appears before the Committee in January 2015.

(c)Trafficking in children and sexual exploitation in the tourism sector

Over the period 2011–2013, a total of 32 children including 23foreign nationals were suspected to be victims of human trafficking.Of this number, 25, including the 23foreign nationals, have been confirmed. Investigations are being pursued with respect to the others.

(d)Child labour in the informal economy

Information not available at this time.

3. Please provide data (disaggregated by age, sex, socioeconomic background, ethnic origin and geographical location) regarding the situation of children deprived of a family environment and separated from their parents. Please indicate, for the last thre e years, the number of children :

(a)Separated from their parents

As at June 2014, there are currently 4,452 children in the child protection sector.Of this number 1,577 are living in a residential setting and 842 are in a Foster Care home.The other 2,419 are living in a familial setting with parents / relatives.

As at 31 December, 2013 there were 282 children living in Juvenile Remand and Correctional Centres in Jamaica. Of this amount, 109 were in Remand space and 173 were in Correctional Centres.

(b)Living in child-headed households

Information not available at this time.

(c)Placed in institutions

As at 30 June, 2014 there were approximately 1,859 children who are residing in the tertiary child protection system and Juvenile Remand and Correction Centres.

(d)Placed with foster families

There are currently 842 children who are living with foster families in Jamaica.

(e)Adopted domestically or through inter-country adoptions

Between 2011 and 2014 (to date) approximately 746 children benefitted from being adopted.From this total, 537 children were adopted domestically and 209 were beneficiaries of inter-country adoptions.

4.Please provide, if available, updated statistical data (disaggregated by age, sex, socioeconomic background, ethnic origin and geographical location) for the last three years on the number and/or rates of:

(a)Infant mortality

As at the end of year 2011 the infant mortality rate stood at 19.5/1,000 live births.

(b)Low birth weight

11.3% (2012).

(c)Overweight and obese children

The levels of obesity are increasing in Jamaica. A 2003 study that included BMI tracking of children at 7–8 years and then at 11–12 years in Jamaica revealed obesity rates for study participants increasing from 3.5% to 9.5% after follow-up [Gaskin and Walker 2003];

In adolescents, 21.7% of students 13-15 years old were overweight and 6% of students 13-15 years old were obese in Jamaica (Global School-basedStudent Health Survey, 2010).

In response to this issue, Jamaica has developed the policies and plans namely:

The National Strategic and Action Plan for the prevention and control of NCDs in Jamaica 2013 to 2018, which was tabled in Parliament on 01 July, 2014 and approved by Cabinet on 23October, 2014;

The National Strategic Plan for Pre-adolescent and Adolescent Health 2011 to 2016;

The Infant and Young Child Feeding Policy now a green paper;

The Food and Nutrition Security Policy.

(d)Maternal mortality

In 2012 the maternal mortality rate stood at 92.4/100,000 live births, however, the rate shifted to 111.7/100,000 live births in 2013.

(e)Women and girls receiving medical and professional services for pregnancy and child birth in rural and urban areas

Information not available at this time.

(f)Teenage pregnancies as well as number of cases where the father is identified

Information not available at this time.

(g)Sexually transmitted infections, including HIV/AIDS

Information not available at this time.

(h)Enrolment rates, retention rates, graduation rates and drop-out rates of students at the primary and secondary school levels

Table 5 .0Drop-out Rates in Public Primary Level Education By Grade and Sex 2010/2011

Internal efficiency	Grade
Indicators	1-2	2-3	3-4	4-5	5-6	6-7
Drop - out rates	-1.0	0.3	0.7	1.0	0.4	-
Male	-0.9	0.3	0.1	1.0	0.5	-
Female	-1.1	0.4	1.3	1.0	0.2	-

Drop-out rates from grades 6–7 are not calculated as grade 6 marks the end of primary level.

Table 5.1Drop-out Rates in Public Secondary Level Education By Grade and Sex 2010/2011 (cont’d)

Internal efficiency	Grade
Indicators	7-8	8-9	9-10	10-11	11-12	12-13
Drop - out rates	1.8	-7.4	-	7.9	-	29.5
Male	2.4	-8.5	-	9.2	-	26.9
Female	1.1	-6.3	-	6.7	-	31.1

Drop-out rates from grades 9–10 and grades 11–12 cannot be calculated as most students in All Age and Primary & Junior High schools complete the secondary level at grade 9. For other secondary schools, students terminate at grade 11.

(i)Literacy rates at the primary and secondary school levels

Table 6 .0Literacy Rates at the Primary and Secondary School Levels

(j)Children in detention settings, including juvenile detention centres, adult correctional facilities, and police custody, as well as information on how long children are remaining in police lock-ups, including both children in need of care and protection, and in conflict with the law

There are no children being housed in adult correctional centres.As at 24 October, 2014 there were 22 children (21 males and 1 female) who were remanded in police lockups.All efforts are made to bring the presenting matters before the Courts within 48 hours.Children who are remanded at police lockups for care and protection matters are removed to an approved place of safety or alternate placement found within or less than 24 hours of said notification being received. The Child Development Agency conducts structured visits to police lockups island wide to identify children who may be on remand and take action to have those on care and protection removed, and to facilitate communication between the children and their families, as well as conduct the necessary checks to ensure that a child’s human rights are being upheld at all times in keeping with provisions of both the Child Care and Protection Act and the Convention on the Rights of the Child.

(k)Children involved with criminal gangs

Our records indicate that no child was arrested or charged for offences related to gang activities.It is to be noted that the Criminal Justice (Suppression of Criminal Organizations) Act which came into force on 7 April, 2014, makes special provision for the recruitment of a child to criminal organizations. In such an event, the recruiter is liable to be sentenced to 25 years’ imprisonment and if the recruitment takes place within 300 meters of a school, a maximum term of imprisonment of 35 years may be imposed.

5. Please specify the number of children with disabilities, disaggregated by age, gender, geographic location, socioeconomic background and type of disability and covering the last t hree years :

(a)Attending regular schools;

64 special students are enrolled in 5 regular student schools.

(b)Attending special schools;

4,118 students are attending special institutions.

Table 7 .0Enrolment in Special Education Institutions by Parish, Sex and Area of Disability (2013/2014)

Table 7.1Enrolment in Special Education Institutions by Parish, Sex and Area of Disability (cont’d) (2013/2014)

(c)Not attending school

Information not available at this time.

(d)Institutionalized

The Board of Supervision of the Ministry of Local Government and Community Service has two (2) children that are in Residential Child Care Institutions; one is situated at the Institute for the Blind and the other at the Best Care Lodge Children’s Home.

6.Please provide the Committee with an update of any data in the report which may have been outdated by more recent data collected or other new developments.

The State is collating the relevant data necessary to inform an appropriate response and will make these updates available to the Committee at its January 2015 hearing.