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Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Jamaïque (Ratification: 1962)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Jamaïque (Ratification: 2017)

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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.
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