Human Rights Commission concerned about Jamaica’s continued use of SOEs

The Inter-American Commission on Human Rights (IACHR) has voiced concern over Jamaica’s ongoing use of States of Emergency (SOEs) and urged the government to ensure that crime prevention measures align with international human rights standards.

The Jamaican government declared a new SOE on August 14, for the parish of Clarendon following a mass shooting that left eight people dead and nine injured. During an SOE, security forces are granted expanded powers under the Jamaican Constitution, including the ability to conduct warrantless searches, arrests, and detentions.

According to the IACHR, the suspension of certain rights and guarantees during an emergency is permissible under specific conditions outlined in Article 27 of the American Convention, such as war or public danger. However, the Commission emphasized that the use of such measures must meet the criteria of reasonableness, necessity, and proportionality. Additionally, key judicial guarantees must remain intact at all times.

The IACHR has repeatedly expressed concerns over Jamaica’s reliance on SOEs, stating that these measures should be temporary and limited in both scope and duration. In its Annual Report, the Commission reiterated that the Jamaican government must adhere to international obligations, which establish strict requirements for suspending rights under exceptional circumstances.

The IACHR also urged Jamaica to adopt a more comprehensive approach to addressing crime, focusing on prevention, control, and response measures that respect human rights. It encouraged the government to integrate gender and intersectional perspectives in its policies and to promote citizen participation in shaping and evaluating security strategies.

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PM Holness’ position on SOEs

Prime Minister Andrew Holness and the Jamaican government have consistently defended the use of SOE, asserting that they have contributed to a reduction in crime.

In 2022, when asked again whether SOEs were becoming a routine crime-fighting tool, Prime Minister Holness stressed that emergency powers are necessary for the state to protect itself.

“There will always be SOEs,” he said, though he emphasized that the government does not intend to rely on them “forever and ever and ever.”

Holness argued that organized criminal violence poses a significant threat to the safety and security of all Jamaicans. He also highlighted the need to “upgrade and recraft how the emergency powers are used in our Constitution to deal with the modern threats that exist.”

He insisted that the government has improved the execution of SOEs and is working to enhance the capacity of security forces to address crime without infringing on citizens’ rights.

Pointing out that other countries in the region have implemented stricter security measures in response to rising crime, Holness dismissed critics of SOEs, arguing that they are not the ones who benefit. He added that “those who complain are not the people who benefit from them in the communities where they have to hide under their beds, hide their daughters, can’t go to church and they see their sons and their boyfriends and husbands killed.”