Inter-American Commission on Human Rights concerned about Jamaica’s continued use of States of Public Emergency

The Inter-American Commission on Human Rights has expressed concern over Jamaica’s continued use of States of Public Emergency.

The commission has called on Jamaica to ensure that measures used to prevent and combat crime are implemented in accordance with international human rights standards.

In a statement today, the commission took note of the SOE imposed last month in Clarendon, following a shooting incident which left 8 persons dead and 9 wounded.

The commission said according to the organs of the Inter-American system of human rights, the suspension of guarantees is a provision that can be implemented in the extraordinary circumstances indicated in Article 27 of the American convention, such as war, public danger, or another emergency that threatens a state’s independence or security.

The court and the commission have observed that to adopt such measures, states need to justify their reasonableness, necessity, and proportionality in the context of the emergency.

Additionally, indispensable judicial guarantees must be maintained in force in all circumstances.

In its annual report, the commission continuously expressed concern over Jamaica’s reliance on SOE’s and has underscored that such measures should be exceptional and limited in scope and duration.

It said Jamaica must abide by the international obligations it has assumed, which establish requirements and limits for adopting such exceptional mechanisms for suspending the rights and guarantees protected by the convention.

The commission said these measures should not be made part of the country’s permanent security policy. 

It has called on Jamaica to address the causes and consequences of crime from a comprehensive and inter-sectoral perspective, adopting prevention, control, and response measures within the limits and procedures that guarantee respect for human rights, including gender and intersectional approaches.

Additionally, the commission has encouraged citizen participation in the formulation, implementation, and accountability of citizen security policies.

The commission said it remains committed to supporting Jamaica in its efforts to promote citizen security in a manner that is consistent with its international human rights obligations.

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