CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Jamaica (RATIFICATION: 1962)
Protocol of 2014 to the Forced Labour Convention, 1930 - Jamaica (RATIFICATION: 2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Legal framework and law enforcement. In its previous comments, the Committee noted the amendments made to the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007 (TIP Act) to expand the definition of “exploitation” and to increase the penalties for the offence of trafficking in persons. It requested the Government to provide information on the application in practice of the provisions of the TIP Act, as amended.

The Committee notes the statistical information provided by the Government in its report on the activities of the Anti-Trafficking in Persons and Intellectual Property Vice Squad (A-TIP IP) and on the number of investigations and prosecutions carried out for the period from 2015 to 2018. According to these figures: in 2015, 17 raids and 27 investigations were launched by the A-TIP IP, four victims were identified and rescued and one conviction was secured; in 2016, 29 raids and 30 investigations were launched, five victims were identified and rescued and two convictions were secured; in 2017, 30 raids and 21 investigations were carried out, 12 victims were identified and rescued and two convictions were secured; and in 2018, 15 raids and 20 investigations were carried out, four victims were identified and rescued and two convictions were secured. The penalties imposed in the cases disposed during 2015 to 2018 included imprisonment from three to 16 years; and fines from $150,000 to $500,000, in addition to withholding of travel documents. The Committee requests the Government to continue to provide information on the application in practice of the relevant provisions of the TIP Act, 2007, as amended, including the number of investigations and prosecutions that are carried out against persons who commit the offence of trafficking in persons as well as the convictions and penalties imposed.

Prevention. The Committee notes the Government’s information concerning the various preventive measures undertaken by the National Task Force Against Trafficking in Persons (NATFATIP) through the National Plan of Action (NAP) 2015–18, including: (i) various awareness-raising initiatives and programmes on trafficking in persons; (ii) launching of the Blue Heart Campaign towards combating trafficking of persons, in partnership with the United Nations Office on Drugs and Crime (UNODC); (iii) development of a trafficking in persons curriculum for students of primary and secondary school; and (iv) development of the NATFATIP website. It also notes the Government’s information that the activities of the NAP are ongoing and will continue until 2021. The Committee requests the Government to continue to provide information on the implementation of the NAP 2018–21 as well as the Blue Heart Campaign and its impact in combatting trafficking in persons and the results achieved.

Protection and assistance to victims. The Committee notes the Government’s information that from 2015 to 2018, 11 victims of trafficking were placed either in the informal shelter, government childcare facility, or in the shelter for victims of trafficking; and five victims of trafficking were repatriated. It also notes the Government’s indication that a Victim Protection Protocol which outlines victim protection measures with emphasis on the principles of safety and well-being, non-discrimination, privacy and confidentiality, consent and reintegration was developed by the NATFATIP. The Protocol also addresses issues such as the detection and identification of victims, human rights and support services, police protection measures as well as the role of the public prosecution and immigration assistance for non-national victims. Moreover, shelter guidelines and standard operating procedures to guide officials dealing with victims of trafficking were developed. Accordingly, in 2018, 400 healthcare workers and over 30 front-line officers of the Ministry of Labour and Social Security were trained and sensitized. In addition, 80 stakeholders from various ministries, departments, agencies and non-government organizations were provided with training towards enhancing their capacity to effectively render, either directly or indirectly, the appropriate and necessary support to victims of trafficking. The Government report further provides detailed information on the specialized services and assistance accorded for victims of trafficking including: the provision of safe shelters with basic amenities such as food, clothing and transportation; the provision of primary healthcare; psychological support and counselling services; legal services; access to education; welfare assistance; and immigration and travel assistance. The Committee encourages the Government to continue taking measures to ensure that victims of trafficking are provided with appropriate protection and services and to provide information on the number of persons benefiting from these services.

Article (2)(c). Work of prisoners for private companies. In its earlier comments, the Committee referred to section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, under which no inmate may be employed in the service of, or for the private benefit of, any person, except with the authority of the Commissioner or in pursuance of special rules. The Committee noted that, under section 60(b) of the Corrections Act, as amended by the Corrections (Amendment) Act, 1995, the Minister may establish programmes under which persons serving a sentence in a correctional institution may be directed by the superintendent to undertake work in any company or organization approved by the Commissioner, subject to such provisions as may be prescribed relating to their employment, discipline and control, and such work may be within the centre or institution or outside its limits. The Committee also noted the information concerning the functioning of the Correctional Services Production Company (COSPROD), as well as the Government’s repeated statement that, under this programme, some inmates had been working under the conditions of a freely accepted employment relationship, with their formal consent and subject to guarantees regarding the payment of normal wages. It noted that though in practice, the work carried out by prisoners for private entities in the correctional institution appeared to be in conformity with the Convention, the conditions under which such work may be permitted, such as free, informed and formal consent and a free employment relationship, do not appear to be stipulated by law. The Committee therefore requested the Government to amend the provisions of section 155(2) of the Correctional Institution (Adult Correction Centre) Rules so as to bring it into conformity with the Convention.

The Committee notes the Government’s information that the Corrections Act is in the process of being amended. The Committee expresses the firm hope that the Government will take the necessary measures, during the revision of the Correction Act, to ensure, that prisoners carrying out work for private entities as per the special rules referred to under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules, do so only with their free, formal and informed consent, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. It requests the Government to provide information on any progress made in this regard.