TNAG-0652-FCO40-801-Planning-Staff-papers-on-human-rights-and-foreign-policy-cou-1977 — Page 112

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

JAMAICA

Report by British High Commission, Kingston.

General Observations

In general, human rights are jealously guarded in Jamaica and the fundamental rights and freedoms of the individual are enshrined in the Constitution. But recent events and the current State of Emergency point to a worrying trend.

Right No.

(i)

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In 1974 the Jamaican Government insti- tuted legislation whereby persons using or carrying unlicensed firearms, could be detained indefinitely without trial. Under the State of Emergency in June 1976 wider powers of detention were introduced to cover persons whose behaviour gave ground for reasonable suspicion that they were acting, or about to act, in a manner pre- judicial to public safety. In both cases detainees have the right to appeal to an independent Tribunal. At the end of 1976 about 450 people were in detention.

(ii) Torture is not used.

(iii) Slavery does not exist.

(iv)

(v)

Normally there are no restrictions on freedom of speech, or of the media. But under the Emergency Regulations there is a clause pro- hibiting oral or written statements calcu- lated inter alia to incite or provoke. So far no action has been taken against the media under these regulations.

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(vi)

The judiciary's independence is unimpaired.

There are no restrictions on trade union freedom.

(vii)

Jamaicans are free to emigrate (though there are fiscal measures in operation which restrict the amount of foreign exchange they may take with them).

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CONFIDENTIAL

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