US embassy cable - 05KINGSTON237

UNCLAS SECTION 01 OF 03 KINGSTON 000237 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CAR (BENT) 
NSC FOR SHANNON 
SOUTHCOM FOR POLAD AND J7 (RHANNAN) 
 
E.O. 12958: N/A 
TAGS: JM, PHUM, ELAB, KDEM, KSEP, PGOV, PREL, human rights 
SUBJECT: SUPPORTING HUMAN RIGHTS AND DEMOCRACY IN JAMAICA 
 
REF: STATE 267453 
 
1.  Per reftel request, the following text constitutes Post's 
2004-2005 report on supporting human rights and democracy in 
Jamaica. 
 
2.  Jamaica has a mixed human rights record, with serious 
problems in some areas.  The government is faced with high 
rates of crime, violence, and drug trafficking, and has 
responded with strong law enforcement action.  Members of the 
security forces are alleged to commit unlawful killings, 
particularly during the apprehension of suspects, and are 
often accused of arbitrary arrest and detention as well as 
kidnappings.  Although the Government has moved to 
investigate incidents of police abuses and court convictions 
have been obtained against police personnel, the continued 
appearance of impunity for police who commit abuses has been 
a problem.  An overburdened judicial system causes lengthy 
delays in trials that often result in missing evidence and 
witnesses.  Discrimination against women is common, and 
homophobia is pervasive and often virulent, characterized by 
discrimination and violence against individuals suspected or 
known to be homosexuals and/or living with HIV/AIDS.  Child 
labor and trafficking in persons is also evident in Jamaica. 
In 2004-2005, U.S. officials are working closely with the 
Jamaican Government and civil society to emphasize the need 
for improvements and to increase Jamaica's ability to ensure 
the security and the human rights of its citizens.  Target 
areas are fighting corruption, improving community-police 
relations, building capacity within the security forces, and 
addressing the rights of children and persons living with 
HIV/AIDS. 
 
3.  To assist Jamaica in building a more professional police 
force, the United States provided $500,000 to support a Law 
Enforcement Development Advisor position (LEDA) within the 
JCF to implement 83 recommendations for police reform from 
the Police Executive Research Forum (PERF).  Working through 
the office of the JCF Commissioner, the LEDA has submitted 
recommendations on how to restructure and reform the police 
and establish a system of accountability and transparency, 
including stronger internal affairs and personnel practices. 
In addition, the Commissioner has updated the Citizens' 
Charter, which contains a Code of Conduct for police 
officers, incorporating the principles of human rights and 
democracy into each officer's daily routine. 
 
4.  Through a series of recommendations, the LEDA is 
attempting to develop a police force that is proactive, 
effective, and respected throughout Jamaica.  In 2004, the 
JCF implemented a new policy on officers' use of deadly 
force, based on suggestions from the LEDA.  Published copies 
of the new Human Rights and Use of Force Policy have been 
distributed to every member of the JCF and training on the 
new policy continues as a priority.  During 2004, middle and 
upper management officers were introduced to Operational 
Planning Training that required extensive planning and 
supervisory approval prior to the execution of police 
operations.  Further management skills training was provided 
in the areas of accountability, expectations, and effective 
management of resources.  Finally, the United States 
continues to seek to change the perception of the police as a 
hostile force in the community and to foster organizational 
change from which both citizens and officers will benefit. 
An initiative of the LEDA for the creation of a Professional 
Standards Unit has been developed and is gradually being 
implemented.  The Unit is responsible for complaints of 
misconduct and corruption, staff inspections, policy 
development, legal affairs, and planning and research.  Both 
policy and training have been facilitated in the area of 
anti-corruption and police misconduct.  The United States 
works closely with British counterparts in their efforts to 
modernize and reform the police force. 
 
5.  In 2004, the International Narcotics and Law Enforcement 
Affairs (INL) funded the launch of a Border Security and 
Migration Management system at both of Jamaica's 
international airports.  The system, implemented by the 
Narcotics Affairs Section (NAS) and the International 
Organization for Migration (IOM), allows the GOJ to monitor 
all international arrivals and departures through its 
airports.  In addition, using portable screening units, the 
system tracks crewmembers on merchant vessels and cruise 
ships.  By enabling the Jamaican Immigration Service to 
detect fraudulent documents and analyze immigration and 
migration patterns, the system assists officials to detect 
incidents of illegal migration and human trafficking.  The 
project also includes important training components, such as 
seminars on human trafficking.  By combining infrastructure 
with important training, including seminars on human 
trafficking, the Embassy is increasing Jamaica,s awareness 
of trafficking and providing officers and officials with the 
tools to combat the problem. 
 
6.  On the community level, the U.S. Agency for International 
Development (USAID) has provided a $3.349 million grant to 
develop a community-based anti-crime program in the 
once-embattled Grants Pen inner city community located in 
Kingston.  The grant provides the JCF with training in 
community policing and consensus-building.  Local police are 
being taught methods to promote safe encounters with 
citizens, and community members are receiving training in 
mentoring and problem solving. 
 
7.  In an effort to strengthen the capacity of the legal 
system, USAID Mission provided seven case management systems 
to Jamaican courts.  These systems greatly increase the 
ability of the local judiciary to track cases as they 
progress through the court system.  Other projects increased 
the level of training for court reporters in an effort to 
increase the efficiency of record taking and storage.  With 
United States funding, an online database containing all 587 
Jamaican laws was established and a Justice Education Unit 
with public education and information dissemination 
capabilities is now operational.  Both initiatives provide a 
valuable reference point for citizens requiring legal 
information and increase their access to government. 
 
8.  USAID is also providing assistance to civil society 
through the institutional strengthening and capacity building 
of civil society groups.  By focusing on coalition building, 
networking, and advocacy, these groups confront and 
articulate changes to the policy environment that contribute 
to the high levels of crime and violence in Jamaican society. 
 USAID also supports human rights education in primary, 
secondary, and tertiary institutions with the goal of 
improving the understanding of human rights norms and the 
roles and responsibilities of the citizenry. 
 
9.  Jamaican human rights non-governmental organizations 
(NGOs) work in a variety of areas to educate and protect 
citizens from abuses.  With U.S. assistance, the Independent 
Jamaica Council for Human Rights developed, produced, and 
distributed educational materials now used in primary schools 
throughout Jamaica.  The books emphasize the inherent rights 
and responsibilities of children, allowing educators to 
incorporate human rights into the national curriculum. 
 
10.  In 2004, the Embassy's Military Liaison Office (MLO) 
spent approximately $700,000 of International Military 
Education and Training (IMET) Program funds, sending some 78 
members of the Jamaica Defense Force (JDF) to the United 
States to receive training in 105 total IMET courses.  Both 
JDF officers and enlisted personnel participate in these 
programs, which include human rights instruction.  This 
training prepares enlisted personnel who assist local police 
units in patrolling high crime areas in Jamaica, and includes 
units on basic leadership, due process, civilian control of 
the military, and the role of the military in a democratic 
society.  Those courses aimed at senior military officers 
highlight the impact of the rule of law on human rights as 
well as how to incorporate human rights considerations into 
the planning and conduct of military operations.  Cooperation 
between the Jamaican and U.S. militaries, particularly the 
Embassy's provision of training and supplies in disaster 
management and preparedness and emergency medical services, 
has also yielded benefits to local communities in Jamaica. 
In May 2004, MLO arranged the visits to Jamaica of two 
medical teams as part of a Medical Readiness and Training 
Exercise (MEDRETE).  More than 8,000 Jamaicans received free 
health care for general medicine, eye and dental care, and 
obstetric and gynecological services. 
 
11.  Embassy officials remain in dialogue with Jamaican 
officials and civil society regarding respect for the rights 
of women, children, and people with disabilities.  Among the 
projects was a series of United States funded public service 
announcements produced by Jamaica AIDS Support (JAS) that 
sought to combat the stigmatization of those living with 
HIV/AIDS.  In October 2004, an Embassy-funded conference 
brought medical professionals from Florida together with 
their Jamaican counterparts to discuss, with the benefit of 
extensive media coverage, the myths and stigma associated 
with HIV/AIDS, as well as the latest medical care treatments 
for the disease.  Through a unique public/private 
partnership, USAID and U.S.-based pharmaceutical company 
Merck & Co. Inc. agreed to provide technical assistance and 
program support to JAS for at least the next five years to 
carry out its HIV/AIDS awareness, anti-stigma, and Persons 
Living with AIDS care programs.  Other Embassy-organized 
programs in 2004 focused on fighting corruption in government 
and law enforcement, and educating Jamaicans about the 2004 
U.S presidential election and the democratic process in the 
United States. 
 
12.  In 2004, following meetings between Embassy officials 
and members of the Parliamentary Joint Select Committee, the 
Jamaican Parliament passed the Child Care and Protection Act. 
 Embassy officials continue to work with NGOs and relevant 
government ministries to press for vigorous enforcement of 
the act, particularly the clause prohibiting the trafficking 
or sale of children.  With the support of a USAID grant, 
People's Action for Community Transformation (PACT) is 
working with young people across the country to educate them 
about the risks of the island,s sex trade and human 
trafficking.  Embassy officials maintain an open dialog with 
the Jamaican Government on the prosecution and 
criminalization of trafficking cases. 
COBB