IACHR expresses concern over Jamaica’s continued use of states of emergency

WASHINGTON, CMC – The Inter-American Commission on Human Rights (IACHR) has expressed concern over Jamaica's continued use of states of public emergency (SOEs) and called on the Andrew Holness government to ensure that measures used to prevent and combat crime are implemented in accordance with international human rights standards.

On August 14 this year, the Jamaican government declared an SOE for the parish of Clarendon after a shooting incident in which eight persons were killed and nine injured.

Under the Jamaican Constitution, during an SOE, the government temporarily grants security forces additional powers, including warrantless searches, arrest and detention.

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 IACHR said that 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 IACHR has continuously expressed concern over Jamaica's reliance on SOEs and has underscored that such measures should be exceptional and limited in scope and duration.

“The State of 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 IACHR urges that these measures should not be made part of the country's permanent security policy.”

The commission said it is calling on Jamaica “to address the causes and consequences of crime from a comprehensive and intersectoral 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 IACHR encourages citizen participation in the formulation, implementation, and accountability of citizen security policies.”

The commission, an autonomous body of the Organization of American States (OAS), 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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