Jamaica
Jamaica performs in the high-range in the Representation category of the Global State of Democracy (GSoD) framework and in the mid-range regarding Rule of Law, Rights and Participation. It is among the world’s top 25 per cent of countries in the majority of the GSoD factors. Over the last five years, it has experienced notable advances in Freedom of Expression, Access to Justice and Economic Equality. Jamaica has an upper middle-income economy but is beleaguered by slow growth and severe debt albeit on a strong downward trajectory. The country is heavily dependent on tourism and lacks resilience in the face of economic shocks and climate change.
Colonization of Jamaica lasted over 400 years, beginning with the arrival of Spanish settlers in the early 1500s and ending with independence from the United Kingdom in 1962. European colonization was marked by the enslavement and subsequent extermination of Jamaica’s Indigenous population, the importation of African slaves and the indentureship of South and East Asian migrant workers. These left a lasting legacy of oppression, violence, as well as race and class-based discrimination.
Nearly all Jamaicans are of partial or full African descent, but stratification within racial categories is correlated with disparate socio-economic conditions. Those in poverty and women are disproportionately affected by violence, though the government has committed to efforts targeting poverty alleviation and women’s rights. Entrenched discrimination and sexual violence against women and girls is a widespread problem and constitutes a major barrier to gender equality. Women’s representation in Congress has grown but remains far from parity. LGBTQIA+ persons also face rampant discrimination and violent persecution, but efforts to bring about change are typically thwarted by the religious conservative majority.
Jamaica’s current political landscape is dominated by two political parties - the social-democratic People’s National Party (PNP) and the traditionally more right-leaning Jamaica Labour Party (JLP). Political conflict has historically arisen at the intersection of ideology and sub-national identity, such as race and class. Political violence is endemic, rooted in a history of patronage-based politics. Nascent parties recruited and armed urban gangs to organize constituencies and engage in clientelism. They also sponsored the creation of various “Garrison communities” in and around the capital, Kingston, granting this political tribalism a spatial expression and encouraging urban turf warfare, high rates of violent crime, and corruption. Today, Jamaica has one of the highest homicide rates in the world and organized criminal activity continues to play a far-reaching role in politics.
The judicial system has traditionally been marred by corruption and backlogs, but some positive developments include a new Strategic Business Plan to swiftly reduce caseloads and strengthen the judiciary, which can further improve Access to Justice. Under recent judicial reforms, Jamaica’s Supreme Court seems to have entered a new era of accountability for organized crime and violence. The government has further committed to introduce legislation to that end.
Looking ahead, it will be important to follow anti-corruption efforts, which could impact Rule of Law. More broadly, Jamaica’s republican movement, triggered by Queen Elizabeth II’s passing, will be important to watch. A Constitutional Reform Commission is currently reviewing the 1962 Constitution in preparation for a referendum on the transition.
Last Updated: August 2024
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May 2024
Constitutional Reform Committee issues first report
The Constitutional Reform Committee (CRC), appointed by Prime Minister Andrew Holness in 2023 with the objective to provide guidance in Jamaica’s transition to a republican form of government, has issued its first report. Among its recommendations is the proposal that a constitutional monarchy is no longer an adequate form of government, and that Jamaica’s head of state should be chosen in a democratic process. It further makes recommendations on parliamentary reform. Members of the CRC from the opposition’s People’s National Party (PNP) have, however, refused to sign the report, due to objections of the phased approach the CRC has adopted. The Committee first addressed issues related to deeply entrenched constitutional provisions that require a referendum, such as those related to establishing a republic, leaving others for a second phase. PNP argues that the definition of the Caribbean Court of Justice as Jamaica’s final court (instead of the UK Privy Council) should be considered at this point as well.
Sources: Government of Jamaica, Jamaica Observer, Jamaica Inquirer, International IDEA
March 2023
Prime Minister announces Constitutional Reform Committee
Jamaica’s Prime Minister Andrew Holness announced on 22 March the establishment of a Constitutional Reform Committee (CRC) to oversee and assist in the country’s transformation from a constitutional monarchy towards a republic. The CRC is comprised of 14 members representing diverse sectors, including civil society, academia and youth representatives, government, the parliamentary opposition, chief legal officers, as well as constitutional law and governance experts – under the leadership of Jamaica’s Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte.
The CRC has been tasked to provide guidance and oversight throughout the constitutional review process and through the implementation of recommendations. The protracted constitutional reform process will be carried out in three phases that will involve a thorough and comprehensive review of the 1962 Constitution of Jamaica. The government plans to subsequently hold a referendum by the end of 2024 or beginning of 2025, regarding the proposal for Jamaica’s transition to a republic.
Sources:Caribbean National Weekly, Jamaica Observer, Constitution Net, Government of Jamaica Information Service, Forbes
February 2023
Local government elections postponed for third time
On 21 February, Jamaica’s House of Representatives approved the Representation of the People Act, 2023 (Postponement of Elections to Municipal Corporations and City Municipalities). The bill effectively postponed the country’s local elections for a further 12 months - the third consecutive postponement of local elections in the country.
Local elections are constitutionally due every four years and were last held in November 2016. Initially scheduled for November 2020, the elections were postponed to February 2022 due to the Covid-19 pandemic. They were then further delayed by the government by 12 months as to avoid public health risks amid the fourth wave of the pandemic. They were due to be held this month, but the government did not approve the budget for the election submitted by the Electoral Office of Jamaica, citing fiscal constraints. Local Government Minister Desmond McKenzie has stated that the postponement will allow the country to continue its post-pandemic economic recovery. Local elections in Jamaica are now expected to be held no later than 28 February 2024.
Sources: Ministry of Local Government and Rural Development of Jamaica, Radio Jamaica News, Jamaica Information Service, Jamaica Observer
December 2022
Jamaica renews regional states of emergency due to gang violence
After the measure was rejected in November, the Jamaican government reinstated a state of emergency (SOE) in several areas across the island on 6 December, followed by a renewed SOE on 28 December, effective until 11 January 2023. Jamaica, which has one of the highest homicide rates in the world, previously imposed similar measures over several parishes on 15 November, but that SOE ended after two weeks when the Senate refused to extend it. The state of emergency is meant to allow authorities to arrest people and search buildings without a warrant in order to rein in rising violence. This has drawn heavy criticism from political opponents and human rights activists, who have warned against a repeat of police brutality and arbitrary detentions that were observed during previous states of emergency in Jamaica.
Sources: AP NEWS, Insight Crime, Twitter: Andrew Holness, Jamaica Observer
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