| Last updated: 21 June 2007 |
Introduction |
Jamaica is a bicameral, constitutional parliamentary democracy. The House of Representatives, headed by the Prime Minister, is elected periodically by citizens aged 18 or over by secret ballot. The Senate has 21 appointed Senators, of whom 13 are named by the Prime Minister and 8 by the opposition. The People's National party won 34 of the 60 seats in the House of Representatives, and the Labour Party held the remaining 26.
Women participate in politics; 7 women were elected to the House of Representatives and 4 are in the Senate. 3 of 17 cabinet members are women, and women hold some 30% of the senior civil service positions. The judiciary is independent but poorly resourced.
Discrimination is prohibited on grounds of race, place of origin, political opinions, colour, creed or sex. But widespread discrimination is reported in the distribution of government benefits, including employment of those in garrison (inner city) communities. Jobs are often assigned depending on political loyalty.
Security forces are accused of physical abuse of prisoners. The Constabulary Force Act allows broad powers of search and seizure. Many garrison communities are controlled by armed gangs that are involved in drug trafficking and said to be better equipped than the police. Ambushes of joint security patrols are cited. Mob violence and vigilante killings are a problem. Incidents of police abuse are investigated, but charges of impunity are made.
An Access to Information Act is in place allowing public access to information for 7 government ministries and agencies. Freedom of speech and of the press are respected, and the active media express a wide variety of views, though journalists say self-censorship is required because the libel law makes it possible for courts to award high damages for defamation. Internet access is not restricted.
The market economy depends on tourism, production of primary products and remittances from abroad. Income distribution is highly skewed. Hurricane Ivan damaged every sector of the economy and reduced GDP growth by about 2%.
Trafficking in persons is not specifically prohibited but is addressed through other laws. For example, a passenger entry and exit system has been implemented to improve detection of trafficking. But the ILO reports that several hundred children are involved in the sex trade, and Jamaica is a transit country for illegal migrants en route to the United States and Canada.
Homosexual acts, in public or in private, are a criminal offence, and the government has indicated it will not be pressured to change anti-homosexual laws. The Jamaica Forum for Lesbians, All Sexuals, and Gays reports police harassment, arbitrary detention and mob attacks. The Forum also charges harassment of homosexual patients by hospital and prison staff, with reported incidents not always investigated. Persons with HIV/AIDS are not legally protected from discrimination, and health care workers have been accused of discrimination against HIV/AIDS patients.
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Education Rights
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Primary education is tuition-free, universal and compulsory for students aged 6 to 11, and 99% of children of compulsory age are enrolled in school. School fees for books, materials and supplies as well as school uniforms make education too expensive for many families whose children are therefore withdrawn from school. The Ministry of Education sponsors programmes to encourage families to keep children in school. Some reports show primary school attendance rates at 78%, with rural areas reporting attendance as low as 50%.
Only 70% of children aged 12 to 16 have access to secondary school. In what is referred to as a cost-sharing programme, parents are required to pay half the school fee while the state pays the other half. High schools across the island claim they are owed millions of dollars in fees from parents who cannot afford to pay. More than 60% of students in the schools pay only part of the fee or none at all, and in the 2004 school year more than 41,000 students had unpaid fees. Polls show that one-fifth of Jamaican parents cannot afford to send their children to school for the 200607 academic year. Rural areas and some inner-city communities have the lowest levels of payment.
A Student Empowerment Programme for students with low academic performance in Grade 9 is intended to help them gain access to places in high schools. Under the new program, students who fail to attain the required score will be brought to a functional level before being reintegrated into the secondary school program. The government and the Independent Jamaica Council for Human Rights have developed human rights materials to be used in primary schools. Additional educational materials are being prepared.
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Early Childhood Education (ECE)
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A 3-year programme begins at age 3. At this level 88% of education is private. The Net Enrolment Rate (NER) is 81%. Almost all (99%) of the 6,475 teachers working at this level are women. The pupil/teacher ratio (PTR) is 21 : 1.
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Primary Education
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Education is compulsory for ages 6 to 11. Primary school begins at age 6 and continues for 6 years. At this level 5% of education is private. The NER is 88% (49% female). Of students who enrol in Grade 1, 85% reach the last grade of primary school. 3% of students repeat grades. 10,968 teachers (90% female) work at this level. The PTR is 30 : 1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at age 12 and is completed in 5 years. At this level 2% of education is private. The NER is 75%. 2% of students repeat grades. There are 7,674 secondary teachers (67% female) in lower secondary and 4,127 (67% female) in upper secondary education. The PTR is 20 : 1 in lower secondary and 19 : 1 in upper secondary school.
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Tertiary/Higher Education
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45,770 students (70% female) study in tertiary institutions, giving a Gross Enrolment Rate of 19%. 6,833 Jamaican students study overseas, mainly in the USA (4,994), the United Kingdom (979), Cuba (378), Canada (208) and Trinidad and Tobago (170).
Lecturers at the University of Technology are on strike demanding a schedule of how and when they will receive their retroactive pay. The issue stems from a 2002 incident when the university conducted a review of staff pay and made some adjustments. Inconsistencies between the packages for administrative and technical jobs and academic posts have caused problems.
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Children with Special Needs
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Accessibility for children with disabilities is not mandated, and discrimination in access to schools is reported. A programme pays for a secondary education programme for disabled students; school fees and textbooks are provided. Students attending secondary school have to maintain an 85% school attendance record; every 2 months attendance is checked, and students who fail to comply find their benefits temporarily suspended.
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Refugee Children
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The Constitution does not provide for the granting of asylum or refugee status in accordance with the 1951 U.N. Convention Relating to the Status of Refugees or its 1967 Protocol, but the government has established a system for providing protection to refugees. In 2004 and 2005 there arrived in Jamaica more than 1000 Haitians fleeing violence in the wake of the ouster of the President. With assistance from the UNHCR, Jamaica provided services before repatriating nearly all of the Haitians, having decided they were economic migrants rather than political refugees. The question of granting asylum for refugees has led to vigorous public discussion.
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Minorities and Indigenous Peoples
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Information on minorities in education is not readily available since Jamaica does not collect statistical information on the basis of ethnicity, religion or other factors identifying minority communities.
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Academic Freedom
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Reports do not indicate any restriction or violation of academic freedom.
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Gender Equality
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Steps have been taken to reduce gender bias in legislation. The Family Property (Rights of Spouses) Act provides for equitable division of property between spouses following a divorce.
An amendment to the Domestic Violence Act defines a child as anyone under 18. But the law does not address sexual harassment. Social and cultural traditions perpetuate violence against women, many of whom are reluctant to report or even acknowledge abusive behaviour.
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Child Labour
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Children under age 12 are not allowed to work; children aged 12 to 15 are prohibited from work in industrial employment. However, children under 12 work in the informal sector peddling goods or begging, and underage children are employed illegally in fishing and in prostitution. The ILO and the Ministry of Labour and Social Security have developed a plan of action to work for the elimination of child labour.
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Trade Union Rights
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Workers have the right to form or join a trade union independent of the government, and 10% to 15% of the work force is unionised. Some unions are affiliated to political parties. Collective bargaining is allowed only for unions that represent at least 40% of the workers in the unit in question. The right to strike is neither prohibited nor permitted in law, and strikes take place. Workers in 10 broad categories of essential services are prohibited from striking; the ILO has criticised the extent of services deemed essential as being overly inclusive.
Reports note that companies have laid off union workers and then rehired them as contract workers with reduced pay and benefits; this practice is legal as long as the workers receive severance pay. No unions operate in the 3 export processing zones, which employ some 6,000 workers.
Forced or compulsory labour is not specifically precluded in law, and child prostitution falls into this category. The minimum wage is set by the government after recommendations from the National Minimum Wage Advisory Commission. The minimum wage of US$32 (J$2,000) a week does not provide a decent standard of living for a worker and family. The law provides for a standard 40-hour work week
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