After long hearings, late night meetings, and a hard six-month deadline, Jamaica Labour Party (JLP) Senator Sherene Golding Campbell stood before her colleagues last Friday as chair of the special select committee of the Senate to present its report, a significant step towards legislation for the care and protection of Jamaica’s elderly.

She began by thanking People’s National Party (PNP) Senator Professor Floyd Morris for restating the motion for this important legislation that he first brought to the attention of the Senate in 2021. Stakeholders listened keenly; these included Professor Denise Eldemire Shearer, whose research had influenced Jamaica’s excellent policy on senior citizens; and representatives of the Ministry of Labour and Social Security, The University of the West Indies Social Sciences Department, and CCRP, the advocacy organisation for seniors.

“Mr President”, said Golding Campbell, “I was committed to leading that work and the conduct of this committee with a dogged focus on the people of Jamaica and a relentless effort to ensure that the divisiveness of our politics did not seep into our deliberations and pit one side against the other in our effort to do something positive for older persons in our country and in the national interest. For that I had full cooperation from all members in doing so, and I believe we succeeded, Mr President, and I thank my colleagues on the committee for their active support of the work that has led to the production of this report to the Senate.”

The committee’s report addresses:

– legal rights and framework

– protection from abuse and neglect

– freedom from discrimination on the basis of age

– long term care health care and mental wellness

– social protection and income security

– housing and infrastructure and accessibility

– family and community integration

– institutional

Sherene Golding

Rights of the Elderly

“We actually scoped out the law and suggested what kinds of provisions should be included in the law,” she noted. “Arguably the most significant recommendation of the committee, as consistently urged by almost all stakeholders, is the inclusion of provisions establishing the rights of older persons in law, that being the right to dignity, autonomy, and decision-making; the right to inclusion, participation in the society; the right to protection from abuse, neglect, and exploitation.”

She continued: “The right of older persons to basic amenities — food, water, social security; the right of access to appropriate care and support services; the right to institutional and community health care; protections for the rights of older persons with diminished capacity; the right to fair and non-discriminatory treatment; and the right to maintenance.”

There had been previous discussions around the Maintenance Act, noting that negligent parents should not have a right to enforce this law. They have proposed that “a duty of care about the persons be set out in law and that a system of registration and certification of those with caregiving responsibilities be established. Such a system would include informal caregivers and care situations in the home”. We believe this is in response to reports of abuse by some caregivers, including even relatives.

Noting that “over 200 nursing homes and care facilities existing only about 30 of them are actually registered”, she called for reform of the Nursing Homes Act.

“Another very significant recommendation is the establishment of the Office of the Older Persons Advocate as a commission of Parliament,” she said, with a similar structure to that of the Office of the Children’s Advocate. A tribunal is also being recommended to address non-criminal offences.

In the matter of granting someone power of attorney to handle legal matters, we learned that once the grantor becomes mentally unable, it is no longer applicable. There would have to be an application of guardianship to give a relative the power to access the grantor’s bank account. These are issues which one has to navigate in old age, which is why the committee is also asking for amendments to the Mental Health Act.

It was heartening to hear senators from both sides of the aisle commending the work of the committee and emphasising aspects which they found particularly meaningful. Professor Morris noted that the passing of the Disabilities Act was another form of protecting the elderly since as the years pass various disabilities may be experienced.

Floyd Morris

A Happy Floyd Morris

“I am a very happy man today,” enthused Professor Morris, who said such legislation will protect those who have “toiled and laboured” for Jamaica. Committee member Senator Kavan Gayle said it was important to criminalise financial abuse. He said that as a trade unionist he condemned ageism in the workplace, which affects employment opportunities and should be viewed in the same category as discrimination against race, gender, and persons with disabilities.

Senator Damion Crawford remarked that he was surprised to be addressed as “elder” when he was playing football recently. He went on to call on Jamaicans of all ages to make healthier lifestyle choices. He said there should be planning for community living for older people. Golding Campbell noted that such communities had been working well in Florida and that public-private sector partnerships for this housing option would gain success in Jamaica.

Senator Dana Morris Dixon noted some recent benefits to retired persons: income tax relief exemption raised from $80,000 to $250,000 and the new
AmAlive computer/phone application which will do away with having justices of the peace signing quarterly Life Certificates. We at CCRP are glad that we had advocated for both of these updates, noting that the Registrar General’s Department could also play a role in certification.

Noting the energy and ability of older people, she said that over 4,000 seniors were enrolled in HEART/NSTA Trust training, and over 3,000 have been certified. I remember futurist Edie Weiner noting that with the arrival of AI, such jobs as the culinary arts, housekeeping, plumbing, carpentry and masonry are safe — another good reason to check out these courses.

Unanimous Approval

Committee member Senator Sophia Frazer-Binns applauded the joint support of the Senate and the diligence of the committee saying, “We want Jamaica and Jamaicans to advance.” She thanked Senator Donna Scott-Mottley for receiving her reports from the meetings with enthusiasm and noted Senator Dr Sapphire Longmore’s contribution: “Clearly because of her training, she consistently reminded us about the mental health and what is required.” She also mentioned the increase in the number of “social patients” in our public hospitals. There were endorsements from President of the Senate Tom Tavares-Finson, Government Senate leader Kamina Johnson Smith, Deputy Leader Aubyn Hill, Senator Abka Fitz-Henley, and Senator Marlon Morgan, making this a unanimous approval of the report.

Our CCRP team at the sitting, Director Patricia Reid-Waugh, General Manager Angela Patterson, and Hubie Chin, who has walked this 15-year CCRP journey with me, were heartened by the acknowledgement of our advocacy, which was spurred by the many complaints of elderly abuse we had been receiving and the disheartening results of our survey on the matter.

Media coverage of the Senate hearings has resulted in an outpouring of support. All Jamaicans should be grateful for the commitment and diligence of the committee. We look forward to the drafting the legislation. Its passage cannot come too soon.

Jean Lowrie-Chin is an author and executive chair of PROComm, PRODEV, and CCRP. Send comments to lowriechin@aim.com.