Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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. Legislation and policy. The Committee earlier noted the adoption of the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007 and requested information on its implementation in practice. On the basis of the information provided by the Government in its latest report, the Committee notes the legislation, measures and procedures for the implementation of the Trafficking in Persons Act. The Committee takes note of the activities of the National Task Force Against Trafficking in Persons (NATFATIP) responsible for the implementation of the national action plan to combat trafficking in persons. Its core emphasis is the prevention and suppression of trafficking in persons, the provision of protection and assistance to victims of human trafficking and the strengthening of prosecution policies. To address these respective areas three subcommittees have been established.

Prevention. The Committee notes the preventive measures undertaken by the Government, which have included the provision of training programmes for police, security officers, social workers and other relevant authorities; the establishment of a trafficking in persons unit in the Jamaica Constabulary Force responsible for enhanced data collection; the monitoring of immigration and emigration patterns; public awareness-raising activities; the establishment of an Inter-Ministerial Work Permit Committee to critically examine work permit applications and the continuous monitoring of expatriate labour across the country.

Protection and assistance to victims. The Committee notes the social services made available for victims of trafficking, which include: shelter; translation assistance; medical attention; psycho-social care; reintegration support; and legal representation.

Prosecution. The Committee notes the establishment of specific prosecution mechanisms for trafficking in persons; the exchange of information to facilitate prosecution; and the strengthened cooperation with regional and international organizations. Furthermore, the Government states that since 2007, eight suspected cases of trafficking in persons have been investigated, yet the police have encountered problems pursuing investigations as some suspected victims have refused to cooperate.

The Committee notes the information on measures taken by the Government to combat trafficking in persons and protect victims of trafficking. However, it also takes note of the concluding observations of the United Nations Human Rights Committee concerning Jamaica expressing concern at the prevalence of trafficking in persons for sexual exploitation and forced labour and being particularly concerned at the low level of investigations, prosecutions and convictions in this area, and at the lack of prevention and protection mechanisms for victims, including rehabilitation schemes (103rd Session, October–November 2011, paragraph 22).

Referring to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), as regards trafficking, the Committee requests the Government to pursue its efforts to combat trafficking in persons and step up its action to ensure that thorough investigations and robust prosecutions are carried out against persons who commit the offence of trafficking in persons. In this regard, it requests the Government to provide in its next report further information on the application of the 2007 Act in practice, including the number of investigations, prosecutions and penalties imposed. It further requests the Government to indicate the measures taken to provide training to law enforcement officials on the phenomenon of trafficking. The Committee also urges the Government to strengthen its efforts to ensure that victims of trafficking are adequately protected and assisted, as well as to undertake efforts for their recovery and social integration. The Committee requests the Government in this respect to provide statistical information on the various kinds of assistance provided. The Committee further reiterates its request to the Government to provide a copy of the National Action Plan against Trafficking.

The Committee is raising other points in a request addressed directly to the Government.