JAMAICA-IACHR is concerned over Jamaica’s continued criminalization of same-sex relationships.

WASHINGTON, Jamaica, CMC – The Inter American Commission on Human Rights (IACHR) says Jamaica remains one of only five states in the American region that continues to maintain laws criminalizing same-sex relationships.

In its 2025 annual report, the IACHR, an autonomous body of the Organization of American States (OAS) said that with respect to Lesbian, Gay, Bisexual, Transgender, and Intersex (LBGTI), the Caribbean Community (CARICOM) country “continues to have laws which criminalise same-sex relationships between consenting adults and remains as one of the five states in the American region which continues to maintain these laws”.

Global advocacy aims to secure equal rights, legal protection against abuse, and inclusion in areas such as employment and healthcare, as outlined by the Association for the Prevention of Torture (APT).

In its report, the IACHR said that regarding persons with disabilities, Jamaica has continued to implement the Disabilities Act, which mandates non-discrimination in education, employment, healthcare, and public facilities.

“Despite this advancement, significant challenges remain. Access to essential services continues to be limited for many individuals with disabilities, particularly in rural areas where the infrastructure and resources are scarce,” it added.

The IACHR is also expressing concern about persistent challenges related to conditions of detention, including harsh living conditions reported at the St. Catherine Adult Correctional Center, and the lack of a fit-for-purpose facility for persons with psychosocial disabilities.

Regarding the death penalty, the Commission notes that there has been no progress in removing this punishment from the statutory books. In addition, it observes that no person has been sentenced to death since the last execution in 1988, and as of May 23, 2023, no one is currently under the sentence of death.

Overall, the IACHR said, progress has been noted in the state’s advancement toward constitutional reform and a significant reduction in homicides.

“The Commission also notes the launch of a legal information portal to improve public access to Jamaica’s and welcomes the launch of an initiative to establish the first shelter dedicated to supporting boys who are victims of human trafficking.

“As it relates to challenges, the IACHR notes with concern the Special Investigative Report on Planned Police Operations published by the Independent Commission of Investigations, which highlighted a notable increase in police related fatalities.”

On the issue of citizen security, the IACHR said, according to official information, there was a 43 percent decrease in homicides during the period from January 1 to December 20 last year.

It said a total of 649 homicides were reported up to December 20, 2025, compared to 1136 homicides reported for the same period in 2024, representing a homicide rate of 22.8 per 100,000 inhabitants up to December 2025.

Moreover, the Commission said it continues to monitor Jamaica’s use of states of public emergency (SoEs) as a crime-suppression mechanism. In particular, it highlights that in May, the Supreme Court of Jamaica ruled that 17 SoEs declared between 2018 and 2023 in response to heightened violent crime were unconstitutional.

“The Court noted that the SoEs were invalid as they were not declared for a constitutionally legitimate purpose, were disproportionate within a free and democratic society, and undermined the separation of powers by diminishing parliamentary authority regarding their extensions.

“In this context, the Commission notes the continued declaration of SoEs. On January 22, an SOE was declared for four divisions: St Andrew South, St Andrew Central, Kingston Western, and St Catherine South, due to a rise in violent crime. Further, on January 28, another SOE was declared in the St. Catherine North Police Division.

“In addition, in June, the House of Representatives approved a 180-day extension of the Zones of Special Operations (ZOSOs) in seven communities across Jamaica. On the other hand, the IACHR notes with concern the Special Investigative Report on Planned Police Operations published by the Independent Commission of Investigations (INDECOM) in October, which highlighted a notable 591 percent increase in police related fatalities arising from planned police operations between 2021 and 2024.”

The report noted that for the first seven months of 2025, there were 97 police related fatalities recorded during planned police operations. It is recommended that all planned operations must adhere to the Police Force’s Use of Force and Firearms Policy and must be subject to proper planning and documentation.

“Further, civil society has called on the Police Force to implement INDECOM’s recommendations and conduct an independent audit to ensure that officers are upholding human rights and accountability standards.”

Concerning the rights of children, the Commission observed that on January 16, the state opened the St. James Child and Adolescent Wellness Center to provide critical youth mental health services, including psychotherapy, family therapy, social work, and psychiatric care, under a multi-agency Citizen Security Plan.

“The State noted that this development came at a crucial time, as recent data indicated that 20 percent of Jamaican children suffer from mental health disorders, including depression, anxiety, attention deficit, and hyperactivity disorders.”

Further, the Commission notes with concern that in April, the House of Representatives passed the Child Care and Protection (Amendment) Bill, which seeks to increase the sentences of children convicted of homicide.

According to official information, the Bill proposes that in cases of children convicted of capital murder, they can be sentenced to life imprisonment or a term not less than 30 years, with eligibility for parole after serving 15 years.

Whereas for cases of non-capital murder, convicted children can face life imprisonment or another term as deemed appropriate by the court, with judicial discretion to determine the parole eligibility period, the IACHR reported.