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Jamaica

Section 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government handles each potential asylum seeker administratively on an individual basis. Through registration the government can grant Jamaican citizenship to those with citizenship in a commonwealth country.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Public Defender investigates abuses of constitutional rights and engages with claimants in a process to seek remediation from the government. The public defender is not authorized to appear in court but may retain attorneys to represent clients on the office’s behalf. The office cannot investigate cases affecting national defense or actions investigable by a court of law. As a commission of Parliament, this organization’s impact depends on the political will associated with the case. Parliament can ignore the commission’s findings or decline to act on recommended actions. This limited the overall efficacy of the organization.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law criminalizes all forms of forced or compulsory labor. The law also prohibits trafficking in persons and penalizes perpetrators with a fine or imprisonment. Penalties were not sufficient to deter violations. A national task force on trafficking in persons continued outreach to sensitize citizens to forced labor and other trafficking violations, but the government did not effectively enforce the law, and the vast majority of violators were not held criminally accountable.

The country continued to be a source and destination for persons subjected to forced labor, including in domestic work, begging, and the informal sector. Gang members subjected boys to forced criminal activity (see section 7.c.). Foreign citizens were compelled into forced labor aboard foreign-flagged fishing vessels operating in the country’s waters.

The ILO expressed concern over the law’s provision for the imposition of forced prison labor for seafarers in the case of disobedience, neglect of duty, impeding the progress of the voyage, desertion, or absence without leave.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all the worst forms of child labor. It provides a minimum age of employment in all sectors. The ILO expressed concern that the use of children for prostitution and the use of children in the trafficking and production of illegal drugs do not appear to be specifically prohibited. The law includes occupational safety and health restrictions for children and limitations on working hours. The government did not effectively enforce the law, and penalties only marginally deterred violations.

The minimum age for general employment is 15, with strict prohibition on employing children younger than 13. The law permits children between ages 13 and 15 to engage in “light work.” While the Ministry of Labour and Social Security does not have an official definition for “light work,” it maintained a list of occupations acceptable for children ages 13 to 15. The government does not have a list of types of hazardous work prohibited for children. Those who legally hire children are not required to keep any records.

The government estimated that more than 53,000 children ages five to 17 years old, an age range in line with ILO standards, were engaged in child labor. Government agencies did not inspect the informal sector, so the number was likely to be underreported. Children worked in farming, fishing, and in public markets. Children also worked as domestic servants in homes or for street work, such as peddling goods, services, begging, and garbage salvaging. Some children were subjected to forced labor in these sectors. There were sporadic reports of commercial sexual exploitation of children. There were also reports of children forced into domestic work. Violent gangs used children for forced begging, as lookouts, as armed gunmen, and as couriers of drugs and weapons.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future