Safeguarding the human rights of all Jamaicans
Dear Editor,
There has been much dialogue over the years about the establishment of a National Human Rights Institution (NHRI) to help safeguard the human rights of Jamaicans.
National Human Rights Institutions are State bodies with a constitutional and/or legislative mandate to promote and protect human rights. They are funded by the State and forms a part of its apparatus. NHRIs play an important role in ensuring that the Government meets its human rights obligations.
LGBT Jamaicans are routinely deprived of their human rights. In the analysis of human rights report received by Equality For All Foundation between 2011 and 2020, the right to life, liberty, and security of the person is the most violated right accounting for 54.9 per cent of the total violations reported. These violations include, but are not limited to, physical assault, verbal assault, mob attacks, displacement with violence, and sexual abuse.
The limited protections for LGBT people under the Charter of Fundamental Rights and Freedoms in the constitution as well as the retention of the buggery law perpetuates the stigma and discrimination faced by members of the community.
While the offices of the political ombudsman (to be subsumed into the Electoral Office of Jamaica) and the public defender exists, their functions do not fully cover human rights promotion and protection and only some instances of rights abuses are protected as part of a broad mandate dealing with maladministration.
A Jamaican NHRI that adequately addresses the concerns of the LGBT community and other vulnerable groups is one that is in full compliance with the Paris Principles. These principles state that the NHRI must be empowered to promote and protect human rights, have a broad mandate backed by law, and should be able to make submissions to Cabinet, Parliament, and other State bodies concerning the promotion and protection of human rights.
This will enable the NHRI to review laws, implement international human rights norms, and bring claims on behalf of victims of human rights abuses.
Nickoy Wilson
Policy and advocacy manager
Equality For All Foundation Ltd
nickoy@equalityjamaica.org
