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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee welcomes the ratification by Jamaica of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government on the Protocol has not been received, the Committee requests the Government to provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Action Plan. Implementation and assessment. The Committee notes the Government’s indication in its report that the National Plan of Action for Combating Trafficking in Persons 2018–21 was updated and extended up to March 2023. It notes the detailed information provided by the Government on the various measures taken by the National Task Force Against Trafficking in Persons (NATFATIP) to raise the awareness of the public and strengthen the knowledge and capacity of relevant authorities to prevent and combat trafficking in persons, including (i) disseminating information, policies and programmes related to trafficking in persons through radio and television media; (ii) placing and distributing anti-trafficking messages, pamphlets and brochures that impacted over five hundred thousand persons; (iii) conducting roundtable discussions on fighting human trafficking in Jamaica in association with the Global Jamaica Diaspora Council with private sector support; (iv) developing, launching and disseminating a Trafficking in Persons Handbook for ministries, departments and agencies; and (v) implementing a Memorandum of Understanding on data sharing among key stakeholders. The Committee requests the Government to continue to provide information on the activities undertaken by the National Task Force Against Trafficking in Persons for the implementation of the National Plan of Action for Combating Trafficking in Persons and for the coordination of the action of the relevant stakeholders in this regard. The Committee also requests the Government to provide information on any monitoring and evaluation of the implementation of the action plan, the findings and measures taken as a result.

Protection and assistance to victims. The Committee notes the Government’s information that from 2019 to 2022, 26 victims of trafficking were identified and offered specialized services such as accommodation, medical and legal services, counselling/psychosocial, reintegration and immigration support and an additional five victims were repatriated. The Committee encourages the Government to continue its efforts to provide appropriate protection and assistance to victims of trafficking, including those repatriated to Jamaica, and to provide information in this regard as well as on the number of victims who were granted compensation, by the perpetrator or through other schemes.

Prosecution and application of effective sanctions. In response to its previous comments concerning prosecutions of cases of trafficking under the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007 (TIP Act), the Committee notes the Government’s information that in 2019, 51 investigations regarding trafficking for sexual exploitation and forced labour were carried out, seven persons were prosecuted, and one conviction was secured; in 2021, 53 investigations were carried out, three persons were prosecuted and two persons were convicted; and in 2022, 43 investigations were carried out, and three persons were prosecuted. The penalties imposed in the cases disposed during 2019 to 2021 included imprisonment from three to nine years and fines.

The Government also states that the TIP Act was amended in 2021, to remove the option of fines as a penalty for the offences related to the crime of trafficking. The Committee further notes the Government’s information that the NATFATIP coordinated and facilitated the training of various government officials, including customs officers, labour officers, Justices of the Peace, and staff at the Tourism Development Company on anti-trafficking laws and policies, identifying victims of trafficking, and reporting suspected cases. The Committee requests the Government to continue to take the necessary measures to ensure that law enforcement and other officials are able to properly identify and investigate cases of trafficking, for both sexual and labour exploitation, so that the perpetrators are prosecuted, and that effective and dissuasive penalties are imposed. It requests the Government to continue to provide information on the number of investigations and prosecutions carried out as well as the convictions and penalties imposed.

Article (2)(c). Work of prisoners for private companies. Noting that the legislation permits work to be carried out by convicted persons for private entities (section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991 and section 60(b) of the Corrections Act, as amended by the Corrections (Amendment) Act, 1995) the Committee requested the Government to expressly include in the legislation provisions ensuring the voluntary, formal and informed consent of prisoners to work for private entities.

The Committee notes the Government’s information that pursuant to the vision for the correctional service under the Vision 2030 Jamaica – National Development Plan, the Government is in the process of promulgating a National Offender Management Policy (NOMP) which shall shift the focus of correctional service from one that is largely punitive to one that shall enable the offender to be rehabilitated and successfully reintegrated into the society as productive, peaceful and law abiding citizens. Accordingly, the Government policy is to reform the conditions of work in the correctional services by bringing appropriate amendments to section 60 of the Corrections Act and section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991. The Government further states that the above provisions shall be amended during the current comprehensive amendment process thereby providing explicit provisions concerning the requirements of free, formal and informed consent of inmates for work in private entities and establishing the working conditions that approximate those of a free labour relationship. The Committee takes due note of this information and expresses the firm hope that the Government will take the necessary measures, during the revision of the Corrections Act, to ensure that the legislation explicitly provides that prisoners carrying out work for private entities do so only with their free, formal and informed consent, and under conditions that approximate those of a free labour relationship.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Legislative and institutional framework. The Committee notes that the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007 was amended in 2013: to include a new definition of “debt bondage”; to expand the definition of “exploitation” to include “keeping a person in debt bondage” as a form of trafficking (section 2(1)); to increase the penalties for the offence of trafficking in persons from ten years to 20 years (section 3); and to grant restitution to the victim within the same proceedings in which the person is convicted (section 6). The Committee also takes note from the website of the Ministry of Justice that the National Task Force Against Trafficking in Persons (NATFATIP) which is responsible for the implementation of the National Action Plan (NAP) to Combat Trafficking In Persons, 2012–15 has been mandated to coordinate and implement the NAP 2015–18.

Prevention. The Committee notes the information contained in the Government’s report as well as on the Ministry of Justice website concerning the various preventive measures undertaken by the Government through the NATFATIP. These include several awareness-raising initiatives and programmes on trafficking in persons for students, the police, judges, border security officials, customs and immigration officers and other relevant authorities. Moreover, the subcommittees under the NATFATIP participated in several local, regional and international trainings and seminars focused on sharing best practices related to investigation, prosecution, victim identification and assistance. According to the Ministry of Justice, the NATFATIP is currently commissioned to undertake a study to assess the prevalence of trafficking in Jamaica.

Protection and assistance to victims. The Committee notes from the Government’s report that in December 2012, the Government provided care and shelter along with counselling and medical assistance for a group of 21 Honduran children on board a Honduran fishing vessel. In 2013, a shelter for the care and protection of victims of trafficking was made operational to house victims of trafficking. The Committee also notes the Government’s information that the Protection Subcommittee within the NATFATIP has developed a draft Memorandum of Understanding on Data Sharing Protocols which establishes a standard protocol to govern data collection on trafficking in persons and information sharing among key stakeholders of the NATFATIP.

Prosecution. The Committee notes the information from the Ministry of Justice that from 2012–15, the NATFATIP, through the Jamaica Constabulary Force (JCF) TIP Unit, conducted over 260 raids and interviewed more than 400 persons in relation to human trafficking. It also notes that during this period, the JCF TIP Unit launched an operation entitled Operation ID/Fix aimed at identifying the major players in the massage and sex trade. During this operation, the JCF TIP Unit conducted 31 raids from which 12 victims were identified and rescued, some of them repatriated to their homeland and some placed in the shelter. The Committee also notes that this operation led to the dismantling of two major prostitution rings in Kingston and St. James Jamaica. Moreover, the information from the Ministry of Justice website indicates that a total of 35 investigations have been initiated, five persons were arrested and charged for trafficking in persons, including a prominent Attorney-at-law and 18 others arrested and charged for offences related to trafficking in persons, such as living on the earnings of prostitution. The Committee finally notes that in March 2015, the Anti-trafficking in Persons and Intellectual Property Unit of the Counter Terrorism and Organized Crime Division conducted an operation in Trelawny which resulted in the arrest of three persons for trafficking in persons and related activities.

The Committee takes due note of the various measures taken by the Government to combat trafficking in persons and protect victims of trafficking. The Committee requests the Government to continue to take measures in this regard, including through the implementation of the NAP 2015–18, and to provide information on the measures taken in this regard and on the results achieved. It also requests the Government to ensure that investigations and prosecutions are carried out against persons who commit the offence of trafficking in persons. In this regard, it requests the Government to provide further information on the application of the provisions of the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007, as amended, in practice, including the number of investigations, prosecutions and penalties imposed. The Committee also requests the Government to strengthen its efforts to ensure that victims of trafficking are adequately protected, assisted, and reintegrated into the society and to provide information on the number of victims of trafficking who have benefitted from such measures. The Committee finally requests the Government to provide information on the findings of the study on the prevalence of trafficking in persons in Jamaica, which is being conducted by the NATFATIP.

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 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 that the Government’s report does not contain any information on this point. The Committee requests the Government to indicate whether any provisions, including the special rules referred to under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules, or programmes referred to under section 60(b) of the Corrections Act, as amended by the Corrections (Amendment) Act, 1995, prescribe the conditions under which prisoners may be permitted to work for private entities. If so, it requests the Government to provide a copy of such rules or regulations and if not, it requests the Government to take the necessary measures to prescribe such conditions in law by amending section 155(2) of the Correctional Institution (Adult Correction Centre) Rules, in order to ensure that prisoners carrying out work for private entities do so only upon their formal, free 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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Legislative and institutional framework. The Committee notes that the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007 was amended in 2013: to include a new definition of “debt bondage”; to expand the definition of “exploitation” to include “keeping a person in debt bondage” as a form of trafficking (section 2(1)); to increase the penalties for the offence of trafficking in persons from ten years to 20 years (section 3); and to grant restitution to the victim within the same proceedings in which the person is convicted (section 6). The Committee also takes note from the website of the Ministry of Justice that the National Task Force Against Trafficking in Persons (NATFATIP) which is responsible for the implementation of the National Action Plan (NAP) to Combat Trafficking In Persons, 2012–15 has been mandated to coordinate and implement the NAP 2015–18.

Prevention. The Committee notes the information contained in the Government’s report as well as on the Ministry of Justice website concerning the various preventive measures undertaken by the Government through the NATFATIP. These include several awareness-raising initiatives and programmes on trafficking in persons for students, the police, judges, border security officials, customs and immigration officers and other relevant authorities. Moreover, the subcommittees under the NATFATIP participated in several local, regional and international trainings and seminars focused on sharing best practices related to investigation, prosecution, victim identification and assistance. According to the Ministry of Justice, the NATFATIP is currently commissioned to undertake a study to assess the prevalence of trafficking in Jamaica.

Protection and assistance to victims. The Committee notes from the Government’s report that in December 2012, the Government provided care and shelter along with counselling and medical assistance for a group of 21 Honduran children on board a Honduran fishing vessel. In 2013, a shelter for the care and protection of victims of trafficking was made operational to house victims of trafficking. The Committee also notes the Government’s information that the Protection Subcommittee within the NATFATIP has developed a draft Memorandum of Understanding on Data Sharing Protocols which establishes a standard protocol to govern data collection on trafficking in persons and information sharing among key stakeholders of the NATFATIP.

Prosecution. The Committee notes the information from the Ministry of Justice that from 2012–15, the NATFATIP, through the Jamaica Constabulary Force (JCF) TIP Unit, conducted over 260 raids and interviewed more than 400 persons in relation to human trafficking. It also notes that during this period, the JCF TIP Unit launched an operation entitled Operation ID/Fix aimed at identifying the major players in the massage and sex trade. During this operation, the JCF TIP Unit conducted 31 raids from which 12 victims were identified and rescued, some of them repatriated to their homeland and some placed in the shelter. The Committee also notes that this operation led to the dismantling of two major prostitution rings in Kingston and St. James Jamaica. Moreover, the information from the Ministry of Justice website indicates that a total of 35 investigations have been initiated, five persons were arrested and charged for trafficking in persons, including a prominent Attorney-at-law and 18 others arrested and charged for offences related to trafficking in persons, such as living on the earnings of prostitution. The Committee finally notes that in March 2015, the Anti-trafficking in Persons and Intellectual Property Unit of the Counter Terrorism and Organized Crime Division conducted an operation in Trelawny which resulted in the arrest of three persons for trafficking in persons and related activities.

The Committee takes due note of the various measures taken by the Government to combat trafficking in persons and protect victims of trafficking. The Committee requests the Government to continue to take measures in this regard, including through the implementation of the NAP 2015–18, and to provide information on the measures taken in this regard and on the results achieved. It also requests the Government to ensure that investigations and prosecutions are carried out against persons who commit the offence of trafficking in persons. In this regard, it requests the Government to provide further information on the application of the provisions of the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007, as amended, in practice, including the number of investigations, prosecutions and penalties imposed. The Committee also requests the Government to strengthen its efforts to ensure that victims of trafficking are adequately protected, assisted, and reintegrated into the society and to provide information on the number of victims of trafficking who have benefitted from such measures. The Committee finally requests the Government to provide information on the findings of the study on the prevalence of trafficking in persons in Jamaica, which is being conducted by the NATFATIP.

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 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 that the Government’s report does not contain any information on this point. The Committee requests the Government to indicate whether any provisions, including the special rules referred to under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules, or programmes referred to under section 60(b) of the Corrections Act, as amended by the Corrections (Amendment) Act, 1995, prescribe the conditions under which prisoners may be permitted to work for private entities. If so, it requests the Government to provide a copy of such rules or regulations and if not, it requests the Government to take the necessary measures to prescribe such conditions in law by amending section 155(2) of the Correctional Institution (Adult Correction Centre) Rules, in order to ensure that prisoners carrying out work for private entities do so only upon their formal, free 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.

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

Articles 1(1), 2(1) and (2)(c) of the Convention. 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.

The Committee notes the Government’s statement repeated in its latest report that the Department of Correctional Services has not yet entered into any discussion regarding a change in policy for the issues raised. The Government confirms its previous indication that there is no activity which is undertaken through forced labour and that participation of inmates in the work on farms managed by COSPROD is voluntary.

Referring to the explanations provided in paragraphs 59–60 and 114–120 of its General Survey of 2007 on the eradication of forced labour, the Committee once again recalls that no prisoners may work for private individuals, companies, etc., except where they do so voluntarily, with their free, informed and formal consent and under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health.

While taking due note that practice appears to be in conformity with the Convention, the Committee must once again express the hope that section 155(2) of the Correctional Institution (Adult Correction Centre) Rules will be amended in order to bring the provision into conformity with the Convention and the indicated practice. Pending the adoption of such amendments, the Committee again requests the Government to provide a copy of any special rules referred to in the above section 155(2) and to continue to provide information on its application in practice.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee has noted the adoption of the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007, which was enacted with a view to implementing the provisions of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The Committee would appreciate it if the Government would provide, in its next report, information on the application of the 2007 Act in practice, including the information on the legal proceedings which have been instituted under the Act and indicating the penalties imposed. Please also supply information on any other measures taken or envisaged to combat trafficking in persons for the purpose of exploitation, such as, for example, the information on the activities of the National Task Force Against Trafficking in Persons, and supply copies of the relevant reports, studies and other documents, including a copy of the National Plan of Action against trafficking and any available statistics.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1(1), 2(1) and (2)(c) of the Convention. 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.

The Committee notes the Government’s statement in its latest report that the Department of Correctional Services has not yet entered into any discussion regarding a change in a policy for the issues raised. The Government confirms its previous indication that there is no activity which is undertaken through forced labour and that participation of inmates in the work on farms managed by COSPROD is voluntary.

The Committee expresses the firm hope, referring also to the explanations provided in paragraphs 59–60 and 114–120 of its General Survey of 2007 on the eradication of forced labour, that section 155(2) of the Correctional Institution (Adult Correction Centre) Rules, will be amended so as to ensure that no prisoners may work for private individuals, companies, etc., except where they do so voluntarily, with their free and formal consent and under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health, in order to bring this provision into conformity with the Convention and the indicated practice. The Committee again requests the Government to provide a copy of any special rules referred to in the above section 155(2) and to continue to provide information on its application in practice, pending the amendment.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee has noted the adoption of the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007, which was enacted with a view to implementing the provisions of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which was signed by the Government in 2002.

The Committee would appreciate it if the Government would provide, in its next report, information on the application of the 2007 Act in practice, including the information on the legal proceedings which have been instituted under the Act and indicating the penalties imposed. Please also supply information on any other measures taken or envisaged to combat trafficking in persons for the purpose of exploitation, such as, for example, the information on the activities of the National Task Force Against Trafficking in Persons, and supply copies of the relevant reports, studies and other documents, including a copy of the National Plan of Action against trafficking and any available statistics.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(1) and Article 2(1) and (2)(c), of the Convention. 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.

The Committee notes the Government’s statement in its latest report that the Department of Correctional Services has not yet entered into any discussion regarding a change in a policy for the issues raised. The Government confirms its previous indication that there is no activity which is undertaken through forced labour and that participation of inmates in the work on farms managed by COSPROD is voluntary.

The Committee expresses the firm hope, referring also to the explanations provided in paragraphs 59–60 and 114–120 of its General Survey of 2007 on the eradication of forced labour, that section 155(2) of the Correctional Institution (Adult Correction Centre) Rules, will be amended so as to ensure that no prisoners may work for private individuals, companies, etc., except where they do so voluntarily, with their free and formal consent and under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health, in order to bring this provision into conformity with the Convention and the indicated practice. The Committee again requests the Government to provide a copy of any special rules referred to in the above section 155(2) and to continue to provide information on its application in practice, pending the amendment.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(1) and Article 2(1) and (2)(c), of the Convention. Prison labour performed for private entities. 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 Government indicated in its 2001 report 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 noted the information concerning the functioning of the Correctional Services Production Company (COSPROD), supplied by the Government in 2001 and 2002, 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.

The Committee notes the Government’s statement in the report that the Department of Correctional Services under the Ministry of National Security and Justice contemplates no change or deviation in its governing rules or general practices, and that there is no consideration being given to reintroducing forced labour. The Government indicates that inmates who work on farms do so willingly and without coercion.

The Committee reiterates its hope that on the occasion of a future amendment of the Correctional Institution (Adult Correction Centre) Rules, section 155(2) will be amended so as to ensure that no prisoners may work for private individuals, companies, etc., except where they do so under the conditions of a freely accepted employment relationship, with their formal consent and subject to guarantees regarding the payment of normal wages and social security, etc., in order to bring this provision into conformity with the Convention and the indicated practice. The Committee again requests the Government to provide a copy of any special rules adopted under section 155(2) and to continue to provide information on its application in practice, pending the amendment.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following matters.

Article 1(1) and Article 2(1) and (2)(c), of the Convention. 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 Government indicated in its 2001 report 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 noted the information concerning the functioning of the Correctional Services Production Company (COSPROD), supplied by the Government in 2001 and 2002, 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.

The Committee notes the Government’s statement in the report that the Department of Correctional Services under the Ministry of National Security and Justice contemplates no change or deviation in its governing rules or general practices, and that there is no consideration being given to reintroducing forced labour. The Government indicates that inmates who work on farms do so willingly and without coercion.

The Committee reiterates its hope, referring also to the explanations provided in paragraphs 97-101 of its 1979 General Survey on the abolition of forced labour, that on the occasion of a future amendment of the Correctional Institution (Adult Correction Centre) Rules, section 155(2) will be amended so as to ensure that no prisoners may work for private individuals, companies, etc., except where they do so under the conditions of a freely accepted employment relationship, with their formal consent and subject to guarantees regarding the payment of normal wages and social security, etc., in order to bring this provision into conformity with the Convention and the indicated practice. The Committee again requests the Government to provide a copy of any special rules adopted under section 155(2) and to continue to provide information on its application in practice, pending the amendment.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1(1) and Article 2(1) and (2)(c), of the Convention. 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 Government indicated in its 2001 report 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 noted the information concerning the functioning of the Correctional Services Production Company (COSPROD), supplied by the Government in 2001 and 2002, 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.

The Committee notes the Government’s statement in the report that the Department of Correctional Services under the Ministry of National Security and Justice contemplates no change or deviation in its governing rules or general practices, and that there is no consideration being given to reintroducing forced labour. The Government indicates that inmates who work on farms do so willingly and without coercion.

The Committee reiterates its hope, referring also to the explanations provided in paragraphs 97-101 of its 1979 General Survey on the abolition of forced labour, that on the occasion of a future amendment of the Correctional Institution (Adult Correction Centre) Rules, section 155(2) will be amended so as to ensure that no prisoners may work for private individuals, companies, etc., except where they do so under the conditions of a freely accepted employment relationship, with their formal consent and subject to guarantees regarding the payment of normal wages and social security, etc., in order to bring this provision into conformity with the Convention and the indicated practice. The Committee again requests the Government to provide a copy of any special rules adopted under section 155(2) and to continue to provide information on its application in practice, pending the amendment.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s reply to its earlier comments.

Article 1(1) and Article 2(1) and (2)(c), of the Convention. The Committee previously noted that, under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, 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. It has noted from the Government’s report supplied in 2001 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 has also noted the information concerning the functioning of the Correctional Services Production Company (COSPROD), supplied by the Government in 2001 and 2002, as well as the Government’s repeated statement that, under this programme, some inmates have 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.

Referring to the explanations provided in paragraphs 97 to 101 of its General Survey of 1979 on the abolition of forced labour, the Committee expresses the hope that on the occasion of a future amendment of the Correctional Institution (Adult Correction Centre) Rules, section 155(2) will be amended so as to ensure that no prisoners may work for private individuals, companies, etc., except where they do so under the conditions of a freely accepted employment relationship, with their formal consent and subject to guarantees regarding the payment of normal wages and social security, etc., in order to bring this provision into conformity with the Convention and the indicated practice. The Committee also requests the Government to provide a copy of any special rules referred to in the above section 155(2) and to continue to provide information on its application in practice, pending the amendment.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

  Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention.  The Committee noted in its earlier comments that, under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, 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 has noted, from the Government’s report, that the Correctional Services Production (COSPROD) Holdings Limited, established in 1994, was created to manage the integration of the process of rehabilitation through skills training and productive utilization of the human resources in the correctional facilities. The Committee notes the Government’s information that under the programme inmates work under the conditions of a freely accepted employment relation, with their formal consent and subject to guarantees regarding the payment of normal wages.

The Committee draws the Government’s attention to its General Report of 1998 (particularly paragraphs 116-125), which recalls that  any work exacted from any person as a consequence of a conviction in a court of law is exempted from the scope of the Convention, provided it is carried out under the supervision and control of a public authority and that such person is not hired to or placed at the disposal of private parties.

The Committee requests the Government to provide a copy of the rules governing inmate work in the framework of COSPROD and the practice of supervision of that work under the COSPROD programme, as well as any special rules under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, particularly with respect to the creation and the role of COSPROD.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. The Committee noted in its previous comments that, under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, 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 notes, from the Government's report, that the Correctional Services Production (COSPROD) Holdings Limited, established in 1994, was created to manage the integration of the process of rehabilitation through skills training and productive utilization of the human resources in the correctional facilities. The Committee notes the Government's information that under the programme inmates work under the conditions of a freely accepted employment relation, with their formal consent and subject to guarantees regarding the payment of normal wages.

The Committee draws the Government's attention to its General Report of 1998 (particularly paragraphs 116-125), which recalls that any work exacted from any person as a consequence of a conviction in a court of law is exempted from the scope of the Convention, provided it is carried out under the supervision and control of a public authority and that such person is not hired to or placed at the disposal of private parties.

The Committee requests the Government to provide a copy of the rules governing inmate work in the framework of COSPROD and the practice of supervision of that work under the COSPROD programme, as well as any special rules under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, particularly with respect to the creation and the role of COSPROD.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

In previous comments, the Committee noted that under section 155(2) of the Correctional Institution (Adult Correction Centre) Rules of 1991, 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 notes from the Government's report that in practice, no inmate is hired or placed at the disposal of private individuals, companies or associations.

Referring to the explanations provided in paragraphs 97 to 101 of its General Survey of 1979 on the abolition of forced labour, the Committee hopes that on the occasion of a future amendment of the Rules, section 155(2) will be amended so as to ensure that no prisoners may work for private individuals, companies, etc., except where they do so under the conditions of a freely accepted employment relation, with their formal consent and subject to guarantees regarding the payment of normal wages, etc., and that in the meantime, the Government will report on any changes in the Rules or in the practice indicated.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matter:

The Committee took note of the Correctional Institution (Adult Correction Centre) Rules of 1991, a copy of which was supplied by the Government. Further to its previous comments, the Committee noted that section 155(2) of the above Rules reproduced the provisions of section 228(2) of the Rules of 1947 governing employment in prisons, and provided that no inmate 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 referred to paragraphs 97 to 101 of its General Survey of 1979 on the abolition of forced labour, and requested the Government to provide the special rules governing this matter and to indicate the measures taken or envisaged to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies, or associations unless such employment is accepted voluntarily by the persons concerned, in which case there must be certain guarantees as regards the payment of wages, etc.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Correctional Institution (Adult Correction Centre) Rules of 1991, a copy of which was supplied by the Government.

Further to its previous comments, the Committee notes that section 155(2) of the above Rules reproduces the provisions of section 228(2) of the Rules of 1947 governing employment in prisons, and provides that no inmate shall 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 refers to paragraphs 97 to 101 of its General Survey of 1979 on the abolition of forced labour, and is bound to repeat its request to the Government to provide the special rules governing this matter and to indicate the measures taken or envisaged to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies, or associations unless such employment is accepted voluntarily by the persons concerned, in which case there will be certain guarantees as regards the payment of wages, etc.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous comments the Committee referred to the rules governing employment in prisons, and in particular to rule 228(2), under which no prisoner may be employed in the service of, or for the private benefit of, any person, except with the authority of the Director or in pursuance of special rules. The Committee notes the information provided by the Government in its latest report that at present, no special rules exist pursuant to rule 228(2) (revised as number 227/2) governing employment in prisons; that the rules to be adopted under the Corrections Act 1985 are still being drafted; and that it is proposed that these rules be in conformity with the Convention so as to ensure that the prisoners are not hired to or placed at the disposal of private individuals, companies, or associations unless such employment is accepted voluntarily by the persons concerned, in which case there will be certain guarantees as regards the payment of wages, etc. The Committee looks forward to the adoption of these rules and requests the Government to supply a copy of the text when adopted.