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Advance questions and statement to Jamaica

Advance questions

1, Does a plan of action to respond to displacement and homelessness among children and youth exist? If so, how effective has its implementation been to date?

2, What is the status of plans announced by the government to establish a National Human Rights Institution?

3, What concrete steps does Jamaica intend to take to reduce discrimination, towards people based on health status, sexual orientation or gender identity, or other stigmatized categories, and what legal recourse will be made available for victims of discrimination?

 4, Does Jamaica have a clear definition of “hate crime”? If so, does this include sexual orientation and gender identity, as well as other possible motives of hate crimes such as religion, gender, race, disability or ethnicity?  What steps is Jamaica taking to monitor and document incidents of hate crime against LGBT people, to ensure accurate reporting and collation of information, and identify patterns of crime?

Statement

Mr. President,

Norway warmly welcomes the delegation of Jamaica and thanks the delegation for presentation of the national report. Norway notes that Jamaica has taken steps to follow up recommendations that were accepted in the previous UPR-cycle. Jamaica has ratified a great majority of international human rights instruments, with the most recent being the 2nd Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

The Government of Norway notes with concern that Jamaica has not extended a standing invitation to U.N. Special Procedures and that the State has pending requests for such visits. We recommend Jamaica to improve its cooperation with the United Nations treaty and charter-based bodies by extending an open invitation to Special Procedures, to accept those requests already pending, and to continue to submit its future reports to the treaty bodies on time.

Norway is concerned about the criminalization of same-sex activities between consenting adults in Jamaican legislation. Norway recommends that Jamaica amend the Charter of Fundamental Rights and Freedoms to include sexual orientation and gender identity and expression as a protected category.

Lastly, Norway is concerned about stigma and discrimination against people living with HIV, including in health services. We recommend that Jamaica enact anti-discrimination legislation to protect human rights and to ensure equal treatment of people living with HIV and groups vulnerable to HIV, consistent with United Nations International Guidelines on HIV/AIDS and Human Rights.