XI.Employment

Reply to paragraph 13 of the list of issues and questions

128.During the 2018/2019 fiscal year, the Employment (Equal Pay for Men and Women) Act, which has not been amended since its enactment in 1975, was reviewed along with proposed amendments to address concerns previously raised by the International Labour Organization (ILO), and to make its provisions more relevant to today’s society. As of the 2019/2020 fiscal year, The Ministry of Labour and Social Security (MLSS), has been awaiting a Policy Directive for whether to proceed with the proposed amendments to the Act.

129.The BGA supports the UN Women’s Win-Win Project and the UNDP’s Gender Equality Seal Programme in the Private Sector. The UN Women Win-Win: Gender Equality Means Good Business Project engages PSOs in the Women Economic Empowerment Principles (WEP): Establish high-level corporate leadership for gender equality; Treat all women and men fairly at work – respect and support human rights and non-discrimination; Ensure the health, safety and well-being of all women and men workers; Promote education, training and professional development for women; Implement enterprise development, supply chain and marketing practices that empower women; Promote equality through community initiatives and advocacy; Measure and publicly report on progress to achieve gender equality. The Gender Equality Certification and Seal is given to organizations that have achieved specific standards in promoting gender equality in the workplace. The seal indicates that the entities have created equitable conditions for men and women, establishing environments where women’s work and contributions are valued. The key areas for Gender Equality Seal certification include eliminating gender-based pay gaps; increasing women’s roles in decision-making; enhancing work-life balance; enhancing women’s access to non-traditional jobs; eradicating sexual harassment at work; and using inclusive, non-sexist communication.

130.In March 2016, the BGA organized a Business Forum to engage key stakeholders in the Business sector in observance of International Women’s Day. The Business Forum was designed to reiterate the GoJ’s commitment to partnership with the Business Sector in keeping with the national goals and key objectives of the Vision 2030 Jamaica: National Development Plan, as well as the Post 2030 and Small Island Developing States (SIDS) Agenda for Sustainable Development. This was done with specific reference to Goals 5 and 8 which focus on influence, gender equality, profits, growth and sustainable development. The Forum engaged 140 persons (110 females, 30 males) and focused on the issue of gender equality and the importance of including women in leadership and decision-making processes in the business sector. Participants included persons from the Banking Sector, Small Business Development and Loan Agencies, Insurance Companies, Women Business Owners, Top Level Business Executives and Civil Society representatives.

131.Please see synopsis of programmes for persons with disabilities (PwDs) offered by the GOJ through the Ministry of Labour and Social Security (MLSS) at 16 (Economic Empowerment of Women).

132.Effective January 1, 2023, male public sector workers, who have been employed for a period of twelve (12) consecutive months (regardless of employment type) will be entitled to paid Paternity Leave for a period of twenty (20) working days. If additional time is needed after the initial period of Paternity Leave granted has expired, approval may be granted for the utilisation of vacation leave to which the employee is entitled and/or leave without pay up to ten (10) working days. Paternity Leave may also be granted in the event of stillbirth or if a baby dies within six (6) months after delivery.

133.Some private sector organisations in Jamaica would have previously introduced paternity leave within their organisations and the implementation of paternity leave by other private sector organisations is impending.

134.To coincide with the implementation of Paternity Leave, the Government of Jamaica has also implemented Adoption Leave for public sector workers for a period of twenty (20) working days. Adoption Leave is paid parental leave which workers may be granted after they have adopted a child. This type of leave may only be accessed once a year. Additionally, Adoption Leave may only be granted six (6) months after the expiration of either Paternity or Maternity Leave.

135.Maternity Leave has also been increased from a period of forty (40) working days to sixty (60) working days effective January 1, 2023.

Reply to paragraph 14 of the list of issues and questions

136.Since the GOJ ratified the International Labour Organization (ILO) Domestic Workers Convention (C189), amendments have been made to legislation addressing discrimination or violence against women, in general, including the Sexual Offences Act, Offences against the Person Act, Child Care & Protection Act and the Domestic Violence Act (Please see responses to Issue/Question 8, “Gender-based violence against women”, for a detailed description of the amendments). Furthermore, the Sexual Harassment (Protection and Prevention) Act, 2021, which addresses employment-related concerns about sexual harassment, will also offer additional protection to household workers once this law becomes operational. Additionally, effective June 1, 2023 the national minimum wage will increase from $9,000 to $13,000 per 40-hour work week, representing a further increase from April 1, 2022, when the minimum wage was moved from $7000 to $9000. Household workers should not be paid below the national minimum wage.

137.Household Workers, ages 18–70, who are earning an income are required to be registered with and contribute to the National Insurance Scheme (NIS), which provides some financial protection to workers and their families against loss of income arising from injury on the job, sickness, retirement and death of the breadwinner. The contribution rate for Household Workers is $250 per week as of January 1, 2021. Both Employers and Domestic workers must each pay half of this contribution. NIS Benefits for Household Workers include Maternity Allowance; Invalidity Benefit (payable to Household Workers who have been diagnosed with a permanent medical condition that renders him/her incapable of work for at least twenty-six (26) weeks); Retirement Pension; insurance for pensioners (known as NI Gold); Orphan Benefit (payable to the guardian of a child or children whose parents are deceased); Funeral Grant; Widow’s/Widower’s Benefit and benefits under the National Housing Trust (NHT).

138.Furthermore, the Ministry of Labour and Social Security is reviewing the Employment Agencies Regulation to facilitate further compliance with C189. To this end, a draft Position Paper has been prepared.

139.The Pay and Conditions of Employment Branch (PCEB) is an arm of the Industrial Relations (IR) Department within the Ministry of Labour and Social Security (MLSS) which conducts labour inspections. Its core function is to ensure compliance with the minimum standards set out in the Labour Laws of Jamaica. PCEB’s responsibilities entail: conducting investigations and inspections of establishments, in accordance with the provisions of the Labour Officers’ Powers Act; interviewing clients (employees and employers) and determining whether formal complaints are necessitated; documenting complaints in relation to pay and conditions of employment and following up until the complaints are settled/resolved; conducting mediation sessions with complainants and employers; reviewing and re-assessing complaints/cases and determining whether a court referral should be initiated; accepting monetary settlements on behalf of complainants.

140.During the 2019/20 financial year, 2,846 complaints were received by PCEB (This does not include figures for St. James). Females accounted for the majority, 1,804 or 63.3 %, of the complaints made to the PCEB. The highest number of complaints, 1,260 or 44.2% of the total, were associated with the Holidays with Pay Act, followed by Employment (Termination and Redundancy) Act (ETRPA) with 1,197 or 42% of complaints; 383 or 13.4% of complaints related to Minimum Wages; less than 1% (6 or 0.2%) of total complaints concerned the Maternity Leave Act.

141.During the 2020/2021 financial year, 2,657 complaints were received by the Pay and Conditions of Employment Branch (PCEB), from April-December 2020 (This data was not further disaggregated by sex). Most of the complaints – 1,355 or 51.1% of all complaints – were related to alleged contraventions of the Employment Termination and Redundancy) Act (ETRPA). During the year, 311 investigations were conducted. Of this number, 165 or 53 % were in relation to breaches of the Minimum Wage Act.

142.The Industrial Relations Department has established a COVID-19 Hotline where clients, workers, employers and the general public can contact the MLSS via WhatsApp, text or call in order to obtain information on the Labour Laws, register a complaint or clarify any labour related concern.

XII.Health

Reply to paragraph 15 of the list of issues and questions

143.In the final report from the 2007 Abortion Policy Review Advisory Group, sections 72 and 73 of the Offences Against the Persons Act, which addresses abortion, were recommended to be repealed and substituted with a civil law, “The Termination of Pregnancy Act”. In 2010, a JSC was established to further deliberate on the abortion legislation. A draft report was prepared by the JSC but was not finalized for tabling in Parliament. Per the JSC Sexual Offences final report, published in 2018, it was recommended for the members of the JSC to regroup to review the draft report and submit it to Parliament, or that another method for the report’s review and submission be determined. To date, abortion law reform in Jamaica remains pending, with the procurement of an abortion remaining mostly criminalized. Currently, there is renewed advocacy to put abortion on Cabinet’s agenda, as well as, the administration of a conscience vote to resolve the issue of legalising abortion in Jamaica.

144.The process to develop a Sexual and Reproductive Health (SRH) Policy is underway, with a revised Concept Paper seeking approval for its development, due for presentation to the Cabinet.

145.To ensure the access of women and girls to affordable modern contraceptive methods, The National Family Planning Board (NFPB) utilises a contraceptive Procurement Plan and initiates the procurement process in advance of demand from the Regional Health Authorities to ensure the availability of the commodities and to avoid stock-outs. When necessary, the NFPB engages in emergency procurement on the local market or airfreight shipment of the commodities. Training in forecasting and data management techniques is provided island wide to public health nurses and midwives to enhance availability and reduce stock-outs to family planning clinic attendees. Additionally, training is provided to doctors, nurses and mid-wives in the insertion of intrauterine devices and the promotion of long-acting reversible contraceptives, such as the Jadelle implant.

146.Sexual and reproductive health specific public awareness/health promotion campaigns are undertaken, through television and radio interviews that are developed and aired to improve gender-specific public awareness. Some are funded by the Government of Jamaica through NFPB and others through grants, such as that from the International Development Bank (IDB), which focused on the administration of long-acting reversible contraceptives at no cost to 500 adolescents. The project output is to have one (1) health centre in 10 of the 14 parishes which offers all family planning commodities and services, including the Jadelle implant, which is mainly obtained at hospitals. Numerous social media engagement through Instagram, Twitter and Facebook are implemented which increase the visibility and accessibility of the family planning products and services offered, as well as promote safe pregnancies, addressing issues such as hypertension, diabetes and overweight. Additionally, women are invited to visit the Victoria Jubilee Hospital and participate in the family planning clinic, where they are afforded the opportunity to access the contraceptive implant, Jadelle. Concomitantly, the National Family Planning Board provides the commodities to the Regional Health Authorities and replenishes supplies of the commodities to meet their orders.

147.The health sector continues to take progressive steps to ensure the continuous supply of modern contraceptive methods in regular care and in the context of COVID‑19. Firstly, the National Family Planning Board take steps to secure the availability of a range of contraceptive methods for clients to choose from, it provides training in forecasting and data management at least twice yearly and periodic audits of the family planning logbooks at health facilities to ensure that stock-outs are avoided. Additionally, outreach efforts have been increased in some Regions to inform patient populations about the available family planning services.

148.Islandwide, the public health system continues to ensure the availability of commodities/services and access to contraceptive methods prior to and during the COVID-19 pandemic. Family Planning services and commodities remain accessible, although COVID-19 has resulted in persons having to wear masks when visiting health facilities, undergoing a body temperature check for entry to health facilities, sanitising, social distancing and adhering to all COVID-19 guidelines. Additionally, outreach efforts have been increased in some Regions to inform patient populations about the available family planning services and the reduction in early pregnancies, including statistical data thereon, and maternal mortality.

149.In 2013 it was reported that Jamaica’s adolescent fertility rate (births per 1000 women ages 15–19) was 69 which progressively reduced over the previous years, moving from 112 per 1,000 in 1997, 79 in 2002 and 72 per 1,000 girls in 2008. Per the Economic and Social Survey of Jamaica (2014) Jamaica’s maternal mortality ratio (MMR) is 94/100,000. This represents a shortcoming in relation to the MDG target, which requires a 75% reduction in maternal mortality, which would reduce the number of deaths to 23/100,000. The MMR varies among specific age groups and with parity; women over 30 had an elevated risk as well as women with parity 5+. The data suggests that fertility rates among women over 30 are steadily increasing, due to an increase in the popularity of the choice to delay pregnancy and child rearing. Since 2014 the Programme for the Reduction of Maternal and Child Mortality (PROMAC) has been active to reduce maternal and neonatal mortality and morbidity, and improve maternal outcomes in Jamaica.

XIII.Economic empowerment of women

Reply to paragraph 16 of the list of issues and questions

150.The Ministry of Industry, Commerce, Agriculture and Fisheries (MICAF) – now known as the Ministry of Industry, Investment and Commerce (MIIC) – and the Ministry of Culture Gender, Entertainment, and Sport (MCGES), through the Bureau of Gender Affairs, signed a memorandum of understanding on November 1, 2017 to facilitate strategic partnership on programmes for women in entrepreneurship through the Women’s Entrepreneurship Support (WES) Project. Specifically, the WES project aimed to provide financial support to create a favourable climate to increase the number of women entrepreneurs and the size of their companies. The MIIC mobilized funding for this project for 2 years, which benefitted 10 women in each financial year during which it was active.

151.Phase I of WES was launched on November 13, 2017 and four (4) beneficiaries were allocated funding to purchase materials and equipment, to renovate and expand their businesses, as well as to set up business-related projects.

152.Phase II of WES was launched on August 26, 2021. Under Phase II, ten (10) women in Medium, Small and Micro enterprises (MSME) received a financial assistance of $100,000 each to assist with sustainability and expansion of their businesses as well as recovery from COVID-19. They also received six-week training workshop sessions to provide the necessary knowledge and empowerment opportunities to scale up their enterprises.

153.During the 2021/2022 financial year, MIIC and the Private Sector Organisation of Jamaica (PSOJ) launched a SME Access to Finance Advocacy and Action Form to raise awareness among the financial sector about the need to make access to affordable financing more inclusive for all groups, specifically women and youth.

154.Additionally, the MIIC in collaboration with the Bank of Jamaica hosted a webinar in 2023 to promote financial inclusion for disadvantaged groups, namely women, youth and the disabled.

155.The GOJ, through the Ministry of Labour and Social Security (MLSS) operates various programmes which aim to reduce poverty and stimulate economic activity among disadvantaged persons:

•The Rehabilitation Programme, established since 1972, provides assistance to individuals in need, whether for compassionate purposes or for income generation. The Programme offers four (4) types of grants, including a Rehabilitation Grant, which specifically helps individuals/families to undertake income generating projects to improve their economic status. It provides assistance to establish or improve small businesses, in areas such as haberdashery items, dressmaking, cosmetology, cattle and poultry rearing and farming etc. At the end of March 2020, 4,117 individuals benefitted from all grants disbursed through the Rehabilitation Programme, totalling J$165.6M for FY 2019/20; 75.6% (3,115) of all grant beneficiaries were females. Of that total, 1,025 beneficiaries received Rehabilitation Grants totalling J$40.9M; 78% (800) of Rehabilitation Grant beneficiaries were females.

156.For FY 2020/21, J$17.8M was disbursed in Rehabilitation Assistance Grants to 356 individuals (72% females):

•The Social Intervention Programme (SIP) offers Short Term Employment and Educational and Entrepreneurship Grants (E&EG) to beneficiaries. Short-term employment is offered through its Special Employment Programme (SEP), where decent and productive employment opportunities are created for young unattached persons, aged 18–35 years, for a period of six (6) months. SEP’s objectives are to offer skills training to these individuals, introduce them to the work environment, equip them with marketable experience to access long-term employment, and to promote economic opportunities. For FY 2019/20, 446 individuals were placed in short term employment through SEP; 83% (370) of SEP placements were females.

157.For the 2020/2021 FY, 373 individuals were placed under the SEP; 76.7% of the individuals placed were female:

•SIP’s Education and Entrepreneurship Grants (E&EG) Programme, targets “at risk” youths, 16–40 years of age, and enables them to pursue further education and training or be engaged in entrepreneurial activities. For FY 2019/20, J$35.6M was disbursed to 462 youths under the E&EG Programme; 95% (439) of total E&EG beneficiaries received Educational Grants, 74.9% (329) of which were females. Twenty-three (23) persons benefitted from the Entrepreneurial Grants, 60.8% (14) of which were females.

158.In FY 2020/2021, J$36.7M was disbursed to 417 (321 F; 93 M) youths under the E&EG component of SIP. Of this amount, 400 (313 F; 87 M) youths received Educational Grants amounting to J$35.2M:

•On November 1, 2017, the Ministry of Culture, Gender, Entertainment and Sport (MCGES) signed a Memorandum of Understanding with the Ministry of Industry, Commerce, Agriculture and Fisheries (MICAF) to promote women in business. The objective of this MOU is to facilitate more opportunities for women in the micro, small and medium-size enterprise (MSME) sector. The agreement is designed to promote sustainable and productive entrepreneurial activities to generate income among disadvantaged women, particularly among those persons living in poverty and rural women;

•The Rural Economic Development Initiative (R.E.D.I). The REDI project, which began in January 2010, improved market access for micro and small-scale rural agricultural producers and tourism projects. The overall objective of REDI was to reduce rural poverty by increasing the earning potential of rural communities. This was facilitated specifically through the enhancement and development of agricultural supply chain linkages and community-based tourism initiatives. The REDI project was successfully concluded on July 27, 2017. An evaluation of the REDI project revealed that the project had coverage in 10 of the 14 parishes in Jamaica, with an effect on approximately 70,000 beneficiaries, with 51 per cent of the beneficiaries being rural women. The study identified the main benefits from the REDI project to rural women, as access to financial services, improved infrastructure, increased employment and enhanced economic opportunities, market expansion, greater integration into the formal sector, enhanced social cohesion, greater levels of accountability, resilience and self-development;

•The Special Emergency Relief Programme was introduced in November 2020 to assist individuals affected by the COVID-19 Pandemic and assisted 5,060 persons, by the end of FY 2020/2021, with Compassionate Grants, totalling J$90.8M.

159.The MLSS also operates similar programmes for persons with disabilities (PwDs):

•The Jamaica Council for Persons with Disabilities (JCPD) is responsible for the implementation of policies and programmes for Persons with Disabilities (PwDs). In terms of programmes, the JCPD provides PwDs with assistance in obtaining employment; grants for income generating projects; assistance with school fees and books. A J$17MEconomic Empowerment Grant (EEG)/Assistive Aids Grant (AAG) is made available to PwDs to facilitate their management of small business ventures for their economic development, as well as their acquisition of assistive devices. As at March 31, 2020, 71 clients were approved for the economic Empowerment Grant, receiving a total of J$8.75M; 38 per cent (27) of the recipients were females;

•The Abilities Foundation (AF), established in 1992, is a specialised vocational education and training programme for PwDs. AF aims to increase the employability of PwDs and facilitate their social and emotional readjustment into the wider society. AF’s Training Programmes include: Housekeeping, Furniture Making, Data Operations, and Horticulture and Landscaping. Students receive job coaching and placement, upon completion of their training. Herb Thyme is the Social Enterprise established by the Foundation to produce vegetables, herbs, as well, as occasional home decor in the form of plant terrariums. In February 2020, FHI360/USAID awarded a grant, of approximately J$3M, to establish the implementation of the Herb Thyme Social Enterprise. The main objective of this Capital injection was to create a sustainable stream of income to assist the programme delivery of the foundation and create job apprenticeship opportunities for the disabled community. This project was successfully executed and was closed in March 2020. Additionally, the United States Embassy Innovative Women Grant Award (US$ 20,000), was implemented as a pilot project aimed at empowering women to be independent and innovative. Through this initiative, 20 women with disabilities were successfully trained in Furniture Making and Agriculture. In addition, the beneficiaries were placed in job apprenticeships for three (3) weeks and earned a stipend of US$60 per week.

XIV.Rural women

Reply to paragraph 17 of the list of issues and questions

160.As Jamaica works towards achieving the Committee’s general recommendation No. 34 (2016) on the rights of rural women, the BGA continues its efforts to mainstream gender throughout Jamaica, towards the development of human capital and the achievement of gender equality and social justice as outlined in the NPGE and the NSAP-GBV. To this end the BGA promotes the empowerment of rural women and girls through various community-based initiatives, public education and training and project implementation. These initiatives include public education and awareness raising, through school and community-based sensitization, mobilizing and empowering rural/inner city women and conducting first level interventions for persons in crisis, financial literacy training and other empowerment sessions to strengthen the collective voice, leadership and decision making of rural women and girls.

161.The BGA commemorates Activities for International Day of Rural Women (IDRW) on October 15 annually to highlight the role of Rural Women and exceptional contribution to the enhancement of agriculture, food security, eradicating rural poverty and rural and national development. Also, to strengthen efforts to ensure that the economic, social, psychosocial, and developmental needs of rural women are addressed. Examples of such initiatives held are:

•On Wednesday, October 17, 2018, the Women’s Empowerment Forum “Breaking Barriers: Transforming Rural Women’s Lives” was held: The session empowered rural women, by providing them with beneficial information on social and economic services offered across Jamaica; and highlighted the hard work of rural women across the country through the Rural Women’s Achiever Award;

•A Courtesy Call was held in October, 2018 with the Honourable Prime Minister, and Minister of Culture, Gender, Entertainment and Sport with rural women to highlight the issues faced by rural women at all levels of society;

•“The Beautiful Woman is Me” Motivational Chat was held on Friday, October 19, 2018. This motivational dialogue with women from the parish of St. Catherine, aimed to provide encouragement, build confidence, build leadership and decision-making;

•“The Beautiful Woman is Me” Motivational Chat held on Tuesday, October 23, 2018. This motivational dialogue with women with disabilities from the parish of St. James, aimed to provide encouragement, build confidence, build leadership and decision-making;

•The Youth Forum, “Rural Girls Rock”, was held on Thursday, October 25, 2018. The aim of the event was to empower young rural girls and highlight their hard work and achievements towards community and national development through the Rural Girls Rock Award 2018;

•A Capacity Building Forum, “Empowering Rural Women: Fostering Entrepreneurship”, was held on Tuesday, October 30, 2018. This forum provided information to rural female entrepreneurs on ways to improve the productivity of their business, whilst balancing their role within the family. Topics included: marketing techniques, business etiquette, decision-making skills, customer service skills, climate change and disaster risk management and report and project proposal writing.

162.In 2019, IDRW was hosted by the BGA in partnership with the Jamaica Network of Rural Women Producers (JNRWP) under the local theme “Setting the Pace for Tomorrow’s Generation through Transformational Empowerment: Level Up Series” by way of: a commemorative church service held in Cheltenham, St. Elizabeth in which 66 individuals were impacted – 56 females and 10 males; a Women’s Empowerment Forum, in Montpelier, St. James impacting 130 participants – 120 females and 10 males – and a Rural Girls Rock Youth Forum in Frankfield, Clarendon impacting 70 participants – 66 females and 4 males.

163.Continuous sensitization through financial literacy training and sensitization is conducted as part of the programmatic initiatives of the BGA; this is important as economic empowerment for human capital development and social inclusion is vital towards achieving Gender Equality. Since 2016 – 2020 the Bureau has conducted over twenty-five (25) financial literacy training and empowerment sessions with rural women across Jamaica to strengthen the participation of vulnerable rural, over twenty (25) sensitizations on gender mainstreaming with rural community groups. The BGA provided technical support to over sixty (60) community groups for institutional strengthening and capacity building. Additionally, the BGA hosted over thirty (30) community health fairs with rural women to promote awareness, on human rights, sexual and reproductive health through various community –based gender related activities.

164.To commemorate IDRW celebrations in 2022, the Bureau of Gender Affairs hosted the following activities:

•Two Empowerment Workshops were held on Monday, October 10, 2022, in St. Mary and on Thursday, October 13, 2022 in St. Elizabeth. These workshops covered topics including mental health, financial literacy, goal setting and planning for rural and sustainable development;

•Youth Forum “Rural Girls Rock” was held at the Bishop Gibson High School in Mandeville, Manchester on Wednesday, October 12, 2022. The event aimed to empower young rural girls by providing encouragement, building their confidence, building their leadership qualities, and highlighting their hard work and achievements towards community and national development;

•The IDRW Banner Event, Women’s Empowerment Forum was held on Friday, October 14, 2022. This event was carried out by the BGA in collaboration with the Jamaica Network of Rural Women Producers.

XV.Women with disabilities

Reply to paragraph 18 of the list of issues and questions

165.The Planning Institute of Jamaica (PIOJ) is mandated to spearhead the development of a National Development Plan, Vision 2030 Jamaica that provides a guide to Jamaica into achieving developed country status by 2030. A succinct and yet broad vision was crafted – Jamaica the place of choice to live, work, raise families and do business – as the ideal around which the plan would be developed. To support this objective, the PIOJ identified a number of thematic areas that should be addressed by the Plan and established Task Forces to develop sector plans under each of the thematic areas. A special Task Force – Persons with Disabilities Task Force – was formed to look at the issues faced by persons living with disabilities and to keep their issues on the top of the policy agenda. Disabilities are one of the themes addressed in public policy under the broad umbrella of Social Protection. The Persons with Disabilities Sector Plan contributes to Jamaica’s National Outcome 3, “Effective social Protection” which falls under Goal # 1: “Jamaicans are empowered to achieve their fullest potential”. In this light Jamaica’s Social Protection Plan approved in contextualizing the national agenda, Jamaica’s Strategic Priorities focuses on: human capital development, economic growth and job creation as well as social inclusion and development. Jamaica’s development framework is aligned with the Vision 2030 Jamaica–National Development Plan, the third Medium-Term Socio-Economic Framework 2015–2018 and the Gender Sector Plan, framed within the sustainable development global 2030 agenda.

166.In 2014, GoJ approved a comprehensive National Social Protection Strategy (SPS) to ensure that the poor and vulnerable are not left behind. The strategy was developed in response to the country’s commitment to ensuring the security of all its residents and citizens, specifically to target the attainment of agreed basic minimum standards of living and address the various threats. The Jamaica Social Protection Strategy treats gender, disability, age and location (rural/urban) as cross-cutting themes and determinants of national social protection policy imperatives.

167.The Disabilities Act 2014 makes provisions to protect and ensure the welfare of persons with disabilities in Jamaica. The main objectives of the Disabilities Act are to: encourage all Jamaicans to recognize and accept the principle that PWDs have the same fundamental rights as any other person; promote individual dignity, freedom of choice and independence, of PWDs; make sure that PWDs are able to take part effectively and are included on an equal basis with others in all aspects of national life; prevent or prohibit discrimination against PWDs; promote acceptance of PWDs and respect for their differences as human beings. The Disabilities Act 2014 identifies a number of key areas for the full inclusion of persons with disabilities such as the right to Education and Training; the right to Employment; the right to Adequate Healthcare and Accessible Facilities and the right to housing and to enter premises.

168.Additionally, Jamaica’s National Policy for Persons with Disabilities was tabled in Parliament on September 26, 2000. It is geared towards setting guidelines and directions for the Government for the equalization of opportunities for Persons with Disabilities, assisting the government in strengthening its capacity to address disability issues as well as assist individual agencies to improve their capacity to address disability issues within their area of functional responsibility. The Policy also provides a framework for agencies of government to cooperate in developing and implementing policies designed to provide equal opportunities for people with disabilities in all aspects of life. One of the main objectives of the policy has been to enrich the lives of persons with disabilities by promoting individuality and freedom of choice and independence by reducing the level of isolation experienced by such persons so as to encourage integration in all aspects of society. As it relates to the right to health, the policy states that the specific goal is to allow persons with disabilities to enjoy a better quality of life and to prevent secondary disabilities. Also, to ensure that they are provided with the necessary assistance in terms of rehabilitation so that they can achieve their full potential.

169.To achieve this goal, a number of health care services are organized; health promotion/prevention, screening, early detection and treatment, rehabilitation services and community care, including early intervention and follow up care on a continuous basis in order for persons with disabilities to reach and sustain their optimum level of independence and functioning. The policy promotes a national health program that provides an integrated health service for persons with disabilities which includes the prevention of a disability, whether occurring prenatally or post-natally; the prevention of a disability through immunization, nutrition, environmental protection and preservation, genetic counselling, early detection of disability and timely intervention to minimize disabling conditions and medical treatment and early rehabilitation of persons with disabilities.

170.The GoJ recognizes the right of persons with disabilities to have access to quality healthcare and social protection services. Presently, all public health facilities exercise a no user fee policy for everyone. However, due to challenges such as the long waiting time, inadequate resources and equipment such as limited bed spaces in hospitals and the inadequate supplies of medication, the government is reviewing the policy to ensure that the quality of service is not further diminished. The Government will examine the potential advantages of implementing an effective waiver system determined on the person’s ability to pay.

171.The non-discrimination provision of the Jamaican Constitution is relevant to treating with healthcare. Persons with disabilities have access to these health services on the same basis as other persons, including in relation to sexual and reproductive health. In a collaborative effort between the JCPD and several Non-Government Organizations providing services for persons with disabilities, an extensive Sexual and Reproductive Health programme was implemented. The project saw sexual and reproductive services being provided to women with disabilities across the island. The project also saw the establishment of a special window at the Jamaica Council for Persons with Disabilities (JCPD) to provide various contraceptives for women and men with disabilities. Support for this programme came from funding by the Government of Jamaica and the United Nations Population Fund (UNFPA). This programme has since morphed with services provided in regular pharmacies as sensitization sessions increased and continued for medical practitioners and pharmacists enabling them to provide more client-friendly services. The Government continues to work with sections of the disabilities community to address lingering concerns about confidentiality in these scenarios.

172.The MoH provides medical rehabilitation services through the Sir John Golding Rehabilitation Centre free of cost. The Centre offers long-term rehabilitation services with eleven other public hospitals providing acute care. General health care services are also available to persons with disabilities at clinics in each parish. The Ministry of Health, through its national HIV-AIDS prevention and treatment programmes, has also included persons with disabilities who have become more aware of their vulnerability to sexually transmitted infections and abuse.

173.Training on the provision of services to persons with disabilities is provided to primary care physicians, nurses, physician assistants, and rural health workers by various MDAs. In addition to public awareness campaigns, some public health nurses and midwives are also currently being trained in collaboration with the National Family Planning Board to ensure that disabilities and the rights of persons with disabilities are understood. The training will ensure that communication with persons with disabilities can be better facilitated and sexual and reproductive health issues are adequately addressed. This project also makes provision for contraceptive counselling for adolescents with disabilities.

174.The Mental Health Unit is a part of the Health Services, Planning and Integration Branch of the Ministry of Health. The Mental Health Unit is primarily charged with the responsibility of developing policies and plans to address the promotion of mental health, the prevention of mental disorders and the development of a comprehensive range of services to facilitate early detection, treatment and rehabilitation across the lifespan, for persons with disabilities. Important outputs of this process are the National Mental Health Policy and National Strategic Plan for Mental Health. Another important aspect of work of the Mental Health Unit is the recommendation of legislative amendments to ensure that Jamaica’s Mental Health Legislation is in keeping with international best practice standards.

175.Based on the Convention on the Rights of Persons with Disabilities the term “habilitation” describes the process of supplying a person with the means to develop maximum independence in activities of daily living through training or treatment and rehabilitation services. The issue of accessibility and habilitation conjoin to afford persons with disabilities with independence throughout all areas of public life. The habilitation process involves the development of appropriate behaviours inclusive of self-advocacy skills, social graces and self-care and grooming habits and the development of cognitive skills. Important to the habilitation and rehabilitation process for persons with disabilities is the use of technology. Assistive mobility devices are available at the Sir John Golding Rehabilitation Centre on a subsidized basis. The JCPD also provides financial assistance through their Assistive Aid Grants to purchase these aids. Assistive devices for Blind/visually impaired and deaf and hard-of-hearing are also available at the Jamaica Society for the Blind and Jamaica Association for the Deaf.

176.The MoH in keeping with the United Nations Convention on the Rights of Persons with Disabilities has continued to plan for and sensitize its medical professionals regarding Persons with disabilities. The Standards and Regulations Division, in collaboration with the Health Policy and Planning Division in recent times have invited the JCPD to participate in the planning and implementation of policies and programs for persons with disabilities. PLWD are also on the national planning and steering committees. Jamaica’s Dr. Floyd Morris is one of on the nine-member United Nations Committee on the Rights of Persons with Disabilities (CRPD). He is the first Jamaican and English-speaking Caribbean person to be elected to the committee, to serve as an independent expert to monitor the implementation of the Convention for the Rights of Persons with Disabilities by the states which are signatories.

XVI.Climate change and disaster risk reduction

Reply to paragraph 19 of the list of issues and questions

177.The project, “Facilitating a Gender Responsive Approach to Climate Change Adaptation and Mitigation in Jamaica” was launched in January 2021. The project is being administered by the Planning Institute of Jamaica (PIOJ). The project was financed by a grant of US$270,000 from the Green Climate Fund Readiness and Preparatory Support Programme is being implemented to strengthen the nation’s institutional coordination, promoting gender responsive climate action and ensuring that policies, programmes and projects address gender inequalities.

178.The initiative brings together climate change practitioners and gender experts from the Bureau of Gender Affairs, to construct and advance the gender and climate change agenda. The initiative will build the gender and climate change nexus by executing a gender assessment of policies and plans, and the preparation of a Gender and Climate Change Strategy and Action Plan and promotion of gender mainstreaming of sectoral policies.

179.The project will also strengthen coordination mechanisms by increasing dialogue between gender focal points and the climate change focal point network within Ministries, Departments and Agencies, to strengthen the institutional linkages for climate action. It will also develop functional multi-stakeholder mechanisms and that will be done by establishing a gender thematic working group under Vision 2030 to ensure that the Gender and Climate Change Strategy and Action Plan (GCCSAP) is implemented in line with the United Nations Framework Convention on Climate Change (UNFCCC) Gender Action Plan, and that the gender issues are mainstreamed into the Sectoral National Action Plans and our Nationally Determined Contributions (NDC) implementation. It is expected also that it will further explore gender budgeting.

180.In July 2022, the GoJ launched the Gender and Climate Change Strategy and Action Plan (GCCSAP). The GCCSAP is being led by the Climate Change Division in the Ministry of Economic Growth and Job Creation, and the Bureau of Gender Affairs. The plan is designed to lay the groundwork for mainstreaming gender and climate considerations into projects and policies as a means of effective disaster risk reduction and strategic development planning.

XVII.Migrant, asylum-seeking and refugee women

Reply to paragraph 20 of the list of issues and questions

181.Jamaica is a State party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (hereinafter referred to jointly as the 1951 Refugee Convention). Jamaica has also acceded to the 1961 Convention on the Reduction of Statelessness (1961 Convention).

182.The adoption by the Government of a National Refugee Policy in 2009, strengthening the pre-existing ad hoc framework for the determination of refugee status, is a positive model for other States and territories in the region. Jamaica provides refugees with protection, including granting asylum to refugees arriving in the country individually as well as during periods of “large-scale influx”. Further, most long-staying refuges in Jamaica have now met the “length of stay” requirements that would qualify them to apply for naturalization, which would constitute the most appropriate durable solution. The policy articulates zero tolerance for exploitation, stigma or discrimination in any form.

183.In 2019, a review was undertaken by the MLSS with a view to improving laws and policies governing recruiters, employers and intermediaries. Specific sensitization sessions are facilitated by the Ministry of Labour and Social Security for women who participate in the bilateral circular migration programmes.

184.Currently the Ministry of Health offers universal physical and mental health services for women and incremental steps to integrate migrant health concerns into its public health policies. An example of one such strategy employed is the provision of female kits by the MOH for forced returnees upon their return as well for irregular migrants who have been detained and are being processed. There are separated facilities for the hosting of female migrants, asylum seeking and refugee women in correctional, medical and half way houses. Also:

•Counter trafficking and anti-smuggling capacity building with the police, immigration and labour and defense officers that cover areas specific to the treatment and processing of women;

•By improving pathways to economic empowerment through the development and implementation of a livelihood initiative specifically designed for rural women adversely impacted by migration. This initiative allowed women to increase opportunities for income generation as well as accessing social protection benefits;

•The facilitation of special pre departure sessions with females who are being repatriated or being reunified with family;

•Ratification and implementation of conventions such as the “International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW)”, which specifies that norms presented in the ICRMW are applicable to both men and women migrant workers and that legislation adopted in conformity with this Convention should ensure that women migrants are fully protected.

185.Jamaica is the first Caribbean Community (CARICOM) Member State, to ratify the 1961 Convention on the Reduction of Statelessness in February 2013. Regarding birth registrations Jamaica has the compulsory Child Registration Initiative by the Registrar General’s Department (RGD), in which birth registration and an initial copy of the birth certificate is provided free of cost to mothers right after giving birth. This initiative has captured more than 98 per cent of the country’s births.

186.Also, applications for Jamaican Citizenship are done in different categories. These include applications for citizenship: descent, 12 marriage, 13 naturalization, 14 registration (Commonwealth), 15 and registration (Minor). Article 4(2) of the Nationality Act provides a general safeguard for children who would otherwise be stateless, including foundlings, the language is overly broad and discretionary.17 Therefore, the Government of Jamaica should be encouraged to reform its Nationality Act to incorporate sufficient safeguards to prevent statelessness in accordance with Article 2 of the 1961 Convention.

187.With regard to supporting long-staying refugees, Jamaica has designated social workers employed by the Ministry of Labour and Social Security who provide follow‑up, counselling and facilitation in access to education and health to some of the Haitian long-staying refugees. The UNHCR collaborates closely with these social workers, including by providing financial assistance to meet urgent humanitarian needs of refugees identified by the State social workers.

188.Jamaica participated in the May 2013 “Regional Conference on the Protection of Vulnerable Persons in Mixed Migration Flows – Promoting Cooperation and Identification of Good Practices” which was jointly organized by UNHCR and IOM in The Bahamas, as well the sub-regional conference for the Caribbean region organized in the Cayman Islands in September 2014, in the context of 30th anniversary of the Cartagena Declaration on Refugees. Participants discussed, amongst other issues, opportunities for enhanced regional cooperation and partnership in order to respect international and regional protection standards and improve the management of mixed migration movements throughout the Caribbean region. Jamaica issues Convention Travel Documents to recognized refugees.

189.Jamaica’s accessed to the 1961 Convention on 9 January 2013. Under Chapter two of the Jamaican Constitution, persons born in Jamaica (jus solis) 10 and persons born outside of Jamaica to Jamaican parents have an automatic right to Jamaican citizenship (jus sanguinis). Applications for Jamaican Citizenship are done in different categories. These include applications for citizenship: descent, 12 marriage, 13 naturalization, 14 registration (Commonwealth), 15 and registration (Minor).

190.While Article 4(2) of the Nationality Act provides a general safeguard for children who would otherwise be stateless, including foundlings, the language is overly broad and discretionary.17 Therefore, the Government of Jamaica should be encouraged to reform its Nationality Act to incorporate sufficient safeguards to prevent statelessness in accordance with Article 2 of the 1961 Convention.

191.The BGA, along with other MDAs and NGO’s provide training and sensitization on gender-based of training programmes for the police, including border police and immigration authorities, in combating discrimination and gender-based violence against women.

192.Jamaica has several programmes in place targeting people in vulnerable situations to facilitate their access to health care services such as the Programme of Advancement through Health and Education (PATH), the Jamaica Drug for the Elderly Programme (JADEP) and the National Health Fund (NHF). The Ministry of Health has expanded the National HIV/STI Response Programme (NHP), which includes coordination between the MOH and the ministries of Labour and Social Security, National Security, Local Government, Education and Tourism. There are no set provisions regarding migrant access to services through NHP, however, there are not denied access to health care services through the programme.

193.There is no distinction between migrants and nationals in accessing the following:

•Primary health care;

•Secondary and advanced care services;

•Mental health services;

•Post exposure prophylactic treatment;

•Services through national plan on HIV.

194.Policy provisions, protocols, the level of access to social and health care services that can be accessed by migrants continue to be guided by the following international treaties, Constitution of the World Health Organization, International Health Regulations, Convention on the Rights of the Child, International Covenant on Economic, Social and Cultural rights, Convention on the Elimination of all Forms of Discrimination against Women and Resolution WHA 61.17 on the health of Migrants.

195.It should also be noted that protocols are also in place for health provisions for victims of trafficking (VOT) and that healthcare professionals have received sensitization training on service provision to VOTs arranged by NATFATIP. Jamaica has also developed a plan that details the actions necessary for the provision and management of medical and health-care services from the arrival/recognition of undocumented migrants, refugees, or displaced persons to their departure whether by repatriation or other agreed mediums.

196.The Jamaican Government, through designated social workers employed by the Ministry of Labour and Social Security, provides assistance and counselling to some of the Haitian long-staying refugees. The state social workers have played a particularly important role in facilitating and ensuring refugee women access to basic social protection benefits and UNHCR financial support for these women and families has also been channelled through MLSS. UNHCR and the MLSS social workers have undertaken joint home visits to assess the integration challenges and assistance needs of these families together with state social workers.

197.A training module on International Refugee Law, delivered by UNHCR staff, has also been incorporated into the induction training programme for new Immigration Officers and the UNHCR has also been invited in the past to participate in capacity-building workshops to police trainees.