Enabling Environment and Human Rights

1 ENABLING ENVIRONMENT AND HUMAN RIGHTS Progress report on programmes to reduce HIV-related stigma and discrimination and improve access to justice for people living with and most affected by HIV in Jamaica.

The report is compiled by the Jamaica Partnership to Eliminate All Forms of HIV-related Stigma and Discrimination with contributions from the National Family Planning Board and Jamaica AIDS Support for Life.

Prepared by: Jaevion Nelson

Contributors: Mickel Jackson & Devon Gabourel

2 ANNUAL REPORT 2020 Credit: Equality for All Foundation.

Disclaimer The views and opinions expressed in this document do not necessarily reflect those of the individual partners who are members of the Jamaica Partnership to End All Forms of HIV-related Stigma and Discrimination. Table of Contents

LIST OF ABBREVIATIONS ...... 5

FOREWORD ...... 7

INTRODUCTION ...... 10

STATUS OF THE HIV-RELATED STIGMA, DISCRIMINATION, ...... 13 AND VIOLENCE EPIDEMICS IN JAMAICA

MAIN ACHIEVEMENTS IN PROMOTING AN ENABLING ...... 16 ENVIRONMENT AND PROTECTING HUMAN RIGHTS

Commencement of The Partnership to Eliminate All Forms ...... 19 of HIV-related Stigma & Discrimination Human Rights Media Campaign ...... 20 Sensitization of Leaders and Members of Faith-Based Organisations ...... 21 Policy and Legislative Advocacy ...... 23 Access to Redress for PLHIV and Key Populations ...... 24 Human Rights Training of Duty Bearers ...... 25 Community-based Monitoring (Scorecard and Mystery Shopper Assessment) ...... 27 National Trans Health Strategy ...... 28 Human Rights Education/Literacy for Key and Vulnerable Populations ...... 30

LESSONS LEARNED AND BEST PRACTICES ...... 32

CONCLUSION & WAY FORWARD ...... 35

LIST OF MAJOR INTERVENTIONS UNDERTAKEN ...... 39

4 ANNUAL REPORT 2020 List of Abbreviations

AIDS Acquired Immunodeficiency Syndrome Ashe The Ashe Company CSO Civil Society Organisation CVC Caribbean Vulnerable Communities Coalition EFAF Equality for All Foundation Jamaica Ltd EU European Union FBO Faith-based Organisation FGD Focus Group Discussions FSW Female Sex Workers GBV Gender-based Violence HIV Human Immunodeficiency Virus ICCPR International Covenant for Civil and Political Rights ICESCR International Covenant for Economic, Social and Cultural Rights ICT Information Communication Technologies IGDS Institute of Gender & Development Studies INDECOM Independent Commission of Investigations JADS Jamaica Anti-Discrimination System JASL Jamaica AIDS Support for Life JCC Jamaica Council of Churches JCCM Jamaica Country Coordinating Mechanism JCW Jamaica Coalition of Positive Women JFJ Jamaicans for Justice JLP Jamaica Labour Party JN+ Jamaican Network of Seropositives JYAN Jamaica Youth Advocacy Network LGBT Lesbian, Gay, Bisexual and Transgender LPRC Legal and Policy Review Committee MLSS Ministry of Labour and Social Security MOHW Ministry of Health & Wellness MSM Men who have Sex with Men NFPB National Family Planning Board NHRI National Human Rights Institution NSP National Strategic Plan on HIV OAPA Offences Against the Person Act

5 ENABLING ENVIRONMENT AND HUMAN RIGHTS OPD Office of the Public Defender OSHA Occupational Safety & Health Act PEPFAR President’s Emergency Plan for AIDS Relief PLHIV People Living with HIV PNP People’s National Party RHA Regional Health Authorities SEHRA South-East Regional Health Authority SIDney Shared Incidents Database SOA Sexual Offences Act SRH Sexual and Reproductive Health STI Sexually Transmitted Infection SW Sex Workers TGF The Global Fund to Fight AIDS, Tuberculosis & Malaria TW Transwave Jamaica UDHR Universal Declaration of Human Rights UNAIDS Joint United Nations Programme on HIV/AIDS UNDP United Nations Development Programme UNFPA United Nations Population Fund USAID United States Agency for International Development UWI University of the West Indies VAW Violence Against Women VCT Voluntary Counselling & Testing

6 ANNUAL REPORT 2020 Foreword

There will be no end to AIDS until we uproot stigma and discrimination in Jamaica.

The Government of Jamaica is committed to accelerating the progress to end AIDS as a public health issue through a revitalised multi- sectoral response that protects, promotes and fulfils the human rights for all Jamaicans, including the most vulnerable and marginalised in our society.

Tremendous investments have been made over the years and much work has been done by the Government of Jamaica, civil society organisations (CSO), including faith based organisations (FBO) and international development partners (IDPs) to mitigate HIV- related stigma and discrimination in Jamaica. Despite these investments, HIV-related Hon. Juliet Cuthbert-Flynn, OD, MP stigma and discrimination remains a persistent Minister of State, Ministry of Health & Wellness challenge to the achievement of positive health Chair, Jamaica Partnership to Eliminate All Forms outcomes among people living with HIV, and of HIV-related Stigma & Discrimination those most affected; such as sex workers, gay, bisexual and other men who have sex with men (MSM), inmates, transgender persons, women and girls, and adolescents and youth, among others.

It is acknowledged that the fear of stigma drives some persons underground and away

7 ENABLING ENVIRONMENT AND HUMAN RIGHTS from much needed health and other services. occupation, socio-economic status, sexual Owing to stigma and discrimination, some orientation, gender identity, age, health status, persons delay accessing needed services and disability and other status to enjoy their human as a result some are diagnosed with HIV at rights. the stage of advanced HIV. In other instances, some persons who are aware of their HIV Additionally, political leadership across party status do not access treatment, while others lines - Councillors, Members of Parliament do not adhere to their treatment regimen. (MP), Councillor and MP Caretakers, their Advisors and Senators must be made aware While the challenges persist, the work that has of the importance of their role as current been done by the partners in the HIV response, and future legislators in helping to create an particularly last year amid the COVID-19 enabling environment that promotes human pandemic, gives me great hope about the rights across this country. possibilities for the future. This year, all Member States of the United In 2020, Jamaica became one of the first Nations have a golden opportunity to come countries globally to endorse and participate together at the General Assembly, to recommit in a recently launched Global Partnership For to the end of AIDS and agree on a Political Action to Eliminate all Forms of HIV-related Declaration that will serve to drive country- Stigma and Discrimination. Our Jamaican level action. This is also an opportunity to partnership, of which the Ministry is a key reaffirm our commitment to fulfil our human partner, and which I have the honour to rights obligations and ensuring an enabling Chair, builds on the tremendous efforts led environment in which everyone can thrive. by civil society, government, international Acknowledging the long road that we have development partners and other stakeholders. ahead, but driven and determined to keep The Partnership provides us with a platform to building on our achievements thus far, we design, implement and monitor the progress will remain committed to eliminating all forms on our efforts to end stigma and discrimination of HIV-related stigma, discrimination, and in all settings. violence.

The thrust to mitigate stigma and discrimination in all settings and end AIDS in Jamaica is ongoing. The achievement of targets is dependent on addressing the social and legal issues which have been highlighted that serve as barriers. This is an imperative as we strive to allow every individual, regardless of their

8 ANNUAL REPORT 2020 Introduction Credit: Eve for Life

Joy Crawford, Executive Director, Eve for Life and Patrick Lalor, Policy & Advocacy Officer, Jamaica AIDS Support for Life at CVM TV

HIV-related stigma and discrimination continues to be a significant barrier in the national response. This stigma threatens to reverse the gains that have been made, particularly if the human rights situation in the country does not improve.

Research shows that myriad social, political, the prevalence of self-stigma is particularly institutional and structural issues account for common among the community. the challenges faced by the national response The HIV and Access to Justice report to HIV. The most recent Stigma Index, published by the Jamaica AIDS Support for commissioned by the Jamaican Network of Life (JASL), using data from human rights People Living with HIV (JN+), shows people violations reported to various organisations, living with HIV (PLHIV) experience high found community and health settings are levels of stigma and discrimination, and that a key area of concern, as these are the

9 ENABLING ENVIRONMENT AND HUMAN RIGHTS spaces in which vulnerable populations most other spaces safe for them to live their fullest experience stigma and discrimination, as potential. well as harassment and violence. Similarly, homophobia and transphobia remain high in the country, despite some improvements in the This report provides an update on the level of tolerance in recent years; this according implementation of human rights interventions to the 2019 Awareness, Attitude & Perception undertaken by a range of stakeholders from Survey About Issues Related to LGBT People government, non-governmental organisations in Jamaica. and international development partners. A significant amount of the investments for these Additionally, stakeholders engaged in the interventions were made possible by the Global national response continue to face challenges Fund. This follows the Global Fund’s previous reaching vulnerable populations. This is assistance in completing a baseline human especially true of gay, bisexual, and other men who have sex with men (MSM) and transgender persons. These populations are often not sufficiently being reached for testing, treatment and care or other health and social services. Notwithstanding strong advocacy and activism over the years, greater political will to address these challenges could substantially contribute to eliminating stigma and discrimination. Regrettably, legislative changes with respect to key areas of the HIV response such as enactment of an anti-discrimination law, which could provide significant protection to people living with and most affected by HIV, are not on the government’s agenda for the legislative year. Credit: Jamaican Network Of Seropositives

Still, despite these and other challenges, President of the Jamaican Network of stakeholders continue to work assiduously Seropositives, Ricky Pascoe and Community to educate communities about their rights Facilitator, Joan Stephens and engender changes in the human rights situation. It is hoped these efforts will improve access to health, justice and social services and, importantly, make communities and

10 ENABLING ENVIRONMENT AND HUMAN RIGHTS INTRODUCTION

activities that were undertaken during the year to address the human rights related barriers that exist.

Notwithstanding the success of the interventions, there were a number of challenges that were experienced during the reporting period of this document (2020). These challenges affected the implementation of critical interventions and programmes. Challenges experienced included:

• The COVID-19 pandemic. The onset of the health crises posed a significant challenge during the reporting period. In particular, the announced protocols by the government affected programme implementation, particularly for group activities. • Limited resources to implement activities/ programmes or engage in policy monitoring and enforcement. • Costly and unreliable broadband Credit: TransWave Jamaica connectivity. Internet access was required to view the live stream component of some rights assessment, and the development of the interventions. The cost and connectivity new National Strategic Plan on HIV 2021-2026. challenges served as deterrents particularly The National Strategic Plan subsequently in rural Jamaica. informed the development of a five-year • The main challenge experienced by plan to eliminate all forms of HIV-related the Jamaica Anti-Discrimination System stigma and discrimination, comprehensively (JADS) for the reporting period was the address stigma and discrimination in the incompletion of the installation of a case health, education, workplace, communities, management database. The database aims justice, and humanitarian settings in Jamaica. to make the process for reporting human While it does not represent the totality of all rights violations more convenient; thereby interventions undertaken by stakeholders in making it easier for people living with HIV to the various areas of HIV response, the report report incidents perpetrated against them. provides information on some of the foremost Importantly, the data will aid in improving

11 ENABLING ENVIRONMENT AND HUMAN RIGHTS Status of the HIV-related stigma, discrimination, and violence epidemics in Jamaica Credit: TransWave Jamaica

Jamaica is party to several international people living with HIV on treatment in Jamaica. treaties and conventions which together form The challenges noted with respect to domestic the International Bill of Rights. These are the laws and policies are as follows: Universal Declaration of Human Rights, the International Covenant for Civil and Political • Protection – Jamaica lacks an anti- Rights, and the International Covenant for discrimination legislation. Under the Economic, Social and Cultural Rights. However, Jamaican Constitution, the Charter of existing domestic laws do not adequately Fundamental Rights & Freedoms guarantees protect the rights of all people and groups equality before the law under S. 13(3)(g) and and, in some cases, whether by omission or equitable and humane treatment by a public commission, are discriminatory and thereby authority under S.13 (3)(h). However, there contravene their rights. Consequently, this are no specific provisions for discrimination helps to create an environment where HIV- based on sexual orientation, gender identity related stigma and discrimination is pervasive or health status. There is also currently and impedes progress towards reducing new no independent national human rights HIV infections and enrolling and retaining institution. However, the Public Defender

12 ANNUAL REPORT 2020 STATUS OF THE HIV-RELATED STIGMA, DISCRIMINATION, AND VIOLENCE EPIDEMICS IN JAMAICA

(Interim) Act, allows for the investigation of • Gender Recognition - Under Jamaican law, rights infringements and maladministration there is no specific recognition of diverse by public authorities. gender identities, or a national gender identity law. • Same Sex Intimacy - Under the 1864 Offences Against the Person Act, anal sex PEOPLE LIVING WITH HIV is criminalized by a sanction of up to ten- An estimated 32,617 Jamaicans (1.5% of the years imprisonment with or without hard general adult population) are living with HIV . labour. Other forms of intimacy between 84% of people living with HIV know their HIV men are also criminalized by up to two years status, 49% are on treatment and 66% of them imprisonment. Based on an assessment of are virally suppressed. Accepting attitudes cases between 2011 and 2015, the majority towards people living with HIV (PLHIV) of reported cases of buggery related to in Jamaica remains relatively low, further women and children. The report shows declining between 2012 and 2017 from 14.3% there were three hundred and fifty-four to 11.6%. (354) reports, two hundred and eight (208) arrests, eighty-two (82) prosecutions and forty-three (43) convictions. Of the total number of reported cases, only 7.62% (27 cases) involved an incident between two adult men.

• Sex Work - Under S. 3(r) of the Towns & Communities Act, a person who loiters in a public place and solicits for the purpose of prostitution shall be guilty of an offence. Sex work, including “living on the earnings of prostitution” is also criminalized in the Sexual Offences Act.

• Drug Use - Personal drug use and possession are similarly criminalized under the Dangerous Drugs Act. However, Credit: TransWave Jamaica under amendments passed in March 2015, exceptions have been created for MX Williams and Emani Edwards of medicinal and religious purposes for the TransWave Jamaica use of cannabis.

13 ENABLING ENVIRONMENT AND HUMAN RIGHTS The Stigma Index 2.0 which was conducted GAY, BISEXUAL AND OTHER MSM among 557 PLHIV in 2019, found stigma and A study conducted in 2019 among over three discrimination is pervasive. hundred (300) lesbian, gay, bisexual and transgender (LGBT) people found experiences • A third of PLHIV—33% surveyed in of stigma and discrimination were particularly 2019 reported experiencing stigma and high. discrimination due to their HIV status. The most common forms of stigma and • 32.5% of LGBT people experienced discrimination experienced were verbal violence in the 12 months preceding the harassment, gossip and discriminatory survey. Verbal assault or threat (69%), remarks. PLHIV who belonged to key discrimination (65%), harassment (44%) population groups also reportedly and bullying (42%) were the most common experienced higher levels of stigma and types of violence experienced. discrimination. • 44% of LGBT people reported experiencing • 42% of PLHIV fear exclusion and isolation discrimination in a church or faith-based from their friends and family. setting. • 21% of PLHIV fear mistreatment by • About 20% of persons have been homeless healthcare workers or disclosure of their or displaced at some point in their life and HIV status without their permission. of that number, 48% had been put out by • 38% of PLHIV delay testing because they their family because of their LGBT identity. fear how others would treat them and 29% • The data shows 25.2% of women have delayed treatment as a result of concerns experienced physical violence by a male that people may discover their HIV status. partner, and 7.7% have been sexually • Disclosure continues to be an issue for abused by their male partners. A further many PLHIV with 26% of persons identifying 27.8% of women reported that they have this as the cause of their unwillingness to experienced intimate physical and/or deal with their diagnosis and 27% missing sexual violence in their lifetime. a dose because of fear that people will discover they are HIV positive. These levels of stigma and discrimination • Self-stigma exacerbates the experiences are an unquestionable contributor to the of PLHIV. More than half of all PLHIV high burden of the HIV epidemic among surveyed—53% reported that their HIV marginalized communities. For example, the status makes them feel guilty, ashamed, HIV prevalence among trans and gender non- worthless, and/or dirty and 74% of PLHIV conforming people in Jamaica stands at 51%, find it difficult to tell others about their HIV while the prevalence among gay men and status with 81% of them routinely hiding it other men who have sex with men is 29.6%. from others.

14 ANNUAL REPORT 2020 Main Achievements in Promoting an Enabling Environment and Protecting

Human Rights Credit: UNAIDS Jamaica

MPs Tova Hamilton, Rhoda Crawford, Mikael Phillips and Annmarie Vaz

Despite the challenges faced in 2020, a number of successful interventions, which targeted rightsholders and duty bearers, were undertaken as part of efforts to promote an enabling environment and protect human rights.

The interventions undertaken can be community-based monitoring and awareness categorised under three broad headings: Public raising. Education and Awareness Raising, Human Rights Violations and Access to Justice, and The majority of these initiatives focused Policy and Legislative Advocacy. Interventions on addressing HIV-related stigma and included capacity building, research, advocacy, discrimination in communities, health and communications, victim support, legal literacy, justice settings. Technical and financial support

15 ENABLING ENVIRONMENT AND HUMAN RIGHTS for the work to eliminate HIV-related stigma • Access Legal Support for People Living and discrimination was provided by The Global with and Affected by HIV Fund, PEPFAR, European Union, UNAIDS, MAC Ninety-eight (98) persons from key and AIDS Fund, and other donors. vulnerable populations, as well as people living with HIV, benefited from legal advice Some of the main achievements in 2020 were: and/or representation to address violation of their rights. A resolution was reached • Human Rights Public Education Campaign in eighteen (18) of the cases with persons Launched being reinstated in their jobs, receiving A public education campaign, led by the settlement costs, and the perpetrator of National Family Planning Board (NFPB), was violence being removed from the home, launched to raise awareness about human among other interventions. rights among the general public. The campaign sought to encourage Jamaicans • Model Anti-Discrimination Legislation to know their rights and make reports Developed when their human rights are violated. Non-Government Organisations, led by Using infographics, billboards, radio and JASL, worked together to develop a model television ads, among other materials, the anti-discrimination legislation that can be campaign focuses on four rights contained presented to legislators for adoption. The in the Charter of Fundamental Rights and initiative forms a part of the Joint Civil Freedoms and Universal Declaration of Society Advocacy Plan and included NGOs Human Rights. outside of the national HIV response.

• Stakeholders Sensitized on Human Rights • National Trans Health Survey Launched One hundred and fifteen police and Transwave Jamaica, the only trans-led and correctional officers, as well as three focused NGO in Jamaica, with technical hundred and forty-eight health care workers and financial support from UNAIDS and from across the island were sensitized on UNFPA and in partnership with the Ministry human rights and HIV-related stigma and of Health & Wellness, University of the West discrimination. This formed part of the Indies and other stakeholders developed efforts geared towards improving attitudes and launched a five-year Trans Health toward people living with and most Strategy. The strategy, which is the first of affected by HIV. In addition, four hundred its kind in the English-speaking Caribbean, and fifty (450) faith-based leaders and seeks to guide national efforts around their congregants were sensitized around the provision and accessibility of non- human rights to bolster efforts to address discriminatory and responsive services to stigma and discrimination in community trans and non-gender conforming persons. settings.

16 ANNUAL REPORT 2020 MAIN ACHIEVEMENTS IN PROMOTING AN ENABLING ENVIRONMENT AND PROTECTING HUMAN RIGHTS

• Re-establishment of the Legal and Policy action in the following programme areas (PA): Review Committee (LPRC) 1. Stigma and discrimination reduction for key NFPB re-established its LPRC to provide populations. legal and policy expertise towards the 2. Training for health care workers (HCW) on achievement of strategic outcome 4 of the human rights and medical ethics related to National Strategic Plan on HIV 2021-2026. HIV. This is intended to “Promote respect for the 3. Sensitization of lawmakers and law human rights of all persons in relation to enforcement agents. HIV and AIDS issues in community, policy, 4. Legal Literacy (“Know Your Rights”). legislation and programmes.” The LPRC’s 5. HIV-related Legal Services. work will help to bolster efforts to eliminate 6. Monitoring and reforming laws, regulations HIV-related stigma and discrimination and and policies relating to HIV. reduce the vulnerabilities to transmission of sexually transmitted infections (STIs). Despite the challenges, a significant number of interventions were undertaken spanning across These interventions, while not all funded by all programme areas with PA1, 4 and 5 being and implemented directly under the Global most represented. Most of these activities took Fund, sought to respond to the Human Rights place in or focused on communities, health Baseline Assessment which recommended and justice settings.

Credit: UNAIDS Jamaica

Hon. Juliet Cuthbert-Flynn, Minister of State, Ministry of Health & Wellness

17 ENABLING ENVIRONMENT AND HUMAN RIGHTS COMMENCEMENT OF THE PARTNERSHIP Network of Seropositives (JN+), UNAIDS, TO ELIMINATE ALL FORMS OF HIV- UN Women, UNDP, and the Jamaica Country RELATED STIGMA & DISCRIMINATION Coordinating Mechanism of the Global Fund to The Jamaica Partnership to Eliminate All Forms Fight AIDS, Tuberculosis and Malaria. The key of HIV-Related Stigma and Discrimination, areas of focus under the implementation of the which commenced work in 2020, focuses partnership for year one which commenced in on eliminating HIV related stigma and July 2020 are as follows: discrimination in healthcare, education, workplace, communities and justice settings. In its five (5) months of operations in 2020, the The Partnership is a part of the global initiative Jamaica Partnership: being spearheaded by UNAIDS, UNDP, UN Women, the Global Fund, and the Global 1. Completed a draft operational plan for the Network of People Living with HIV (GNP+) to Enabling Environment and Human Rights harness the combined power of governments, component of the new National Strategic civil society and the United Nations, to consign Plan for HIV (2021-2026), the Global Fund HIV-related stigma and discrimination to human rights baseline assessment report history. and the Global Partnership. The strategies and interventions are aligned to the Through the Global Partnership to Eliminate partnership settings. All Forms of HIV-Related Stigma and 2. Revised and updated Jamaica’s Declaration Discrimination, Jamaica agreed to the fulfilment of Commitment to address Stigma and of its commitments, building meaningful Discrimination from 2011, which has been partnerships, and sharing responsibility for presented to the Minister of Health for measurement and accountability. To achieve submission to the Prime Minister, The Most this, it is critical to catalyse leadership and Hon. Andrew Holness. The Declaration is to foster a sense of ownership, share best be signed by the Leader of the Opposition practices, scale-up programmes/interventions, as well. strengthen monitoring and reporting 3. Conducted a capacity assessment of civil mechanisms, advance community leadership society organisations and mapping of and implement a core set of recommended stakeholders in the HIV response to better programmes and policies. understand the challenges they face and guide the provision of technical support Locally, the co-conveners of this partnership and assistance, with a focus on human are the National Family Planning Board (as rights programming appointed by the Permanent Secretary to 4. Supported the National Family Planning represent the Ministry of Health and Wellness Board to restructure the Technical Working (MoHW), USAID/PEPFAR, the Jamaican Group (TWG) on Enabling Environment and

18 ANNUAL REPORT 2020 MAIN ACHIEVEMENTS IN PROMOTING AN ENABLING ENVIRONMENT AND PROTECTING HUMAN RIGHTS

Human Rights and the re-establishment of HUMAN RIGHTS MEDIA CAMPAIGN its Legal and Policy Review Committee. A national human rights media campaign 5. Commenced procurement for an online – Know Yuh Rights was developed at a cost reporting dashboard to improve and of J$18 million and launched in December revolutionize how entities monitor and 2020. The objective of the campaign is to evaluate their work. The database will also build awareness about the need for protective allow all stakeholders to better understand laws that support increased access to social the progress being made towards the justice for people who are vulnerable and shared goals outlined in the operational marginalized. plan. 6. Provided technical assistance to strengthen The campaign, which is financed by the the work of NGOs involved in the HIV government and The Global Fund, is response. This was primarily achieved spearheaded by the National Family Planning through assisting JN+ with the development Board (NFPB), an agency under the Ministry of and implementation of initiatives to Health & Wellness (MOHW), in collaboration address stigma and discrimination toward with the Office of the Public Defender (OPD). PLHIV. JASL was also assisted with The campaign is the first of its kind, and seeks preparation for a retreat aimed at training to addresses stigma and discrimination in community leaders and stakeholders on community and justice settings. policy and advocacy, and fostering national ownership, collaboration, and coherence in The development of the campaign was guided the response to stigma and discrimination. by a multistakeholder Technical Advisory Panel 7. Assisted the preparations for submission and targets people living with HIV (PLHIV), as of the concept to the Global Fund by well as individuals from key and vulnerable organizing sixteen (16) consultations with populations. The campaign seeks to increase communities of people living with and awareness about reporting and accessing affected by HIV across the island for the redress mechanisms for HIV-related stigma Country Dialogue. and discrimination, rights violations, and 8. Completed a repository of research and gender-based violence. It was developed in other publications relating to the HIV four (4) phases: establishment of the advisory response. There is ongoing dialogue with panel, execution of a formative assessment, the library at the University of the West pretesting draft materials and finalisation of the Indies Mona, to create an online database materials. The Advisory Panel was comprised to facilitate easy access for students, of the MOHW, NFPB, Jamaicans for Justice, researchers and HIV practitioners. Equality for All Foundation (EFAF), Jamaica Youth Advocacy Network (JYAN), JASL, JN+, Jamaica Council of Churches and Office of the

19 ENABLING ENVIRONMENT AND HUMAN RIGHTS Public Defender. A total of ten (10) key informant will be supported by social media ads boosted interviews and five focus group discussions over a period of eight weeks between February were conducted among fifty-three persons as and April 2021. part of the formative assessment to inform the campaign. SENSITIZATION OF LEADERS AND MEMBERS OF FAITH-BASED Seventeen (17) pieces of campaign material ORGANISATIONS were developed for placement in traditional The Jamaica Council of Churches (JCC) and on social media, on buses, and billboards. worked with the NFPB to support efforts The campaign material focused on the right among faith-based organisations to reduce to health, privacy and protection of property, HIV-related stigma and discrimination and equitable and humane treatment, and gender-based violence (GBV). The project life, liberty and security of persons. These focused on conducting sensitization sessions materials were focused tested among forty- and workshops across the island to raise six (46) persons, including twelve (12) persons awareness about stigma and discrimination from key population groups in urban and rural and GBV and engender changes in this regard. areas, and nine young persons. There were six (6) infographics, three (3) video graphics, While the COVID-19 pandemic affected plans two (2) billboard ads, two (2) bus wraps, one (1) for the delivery of the sessions and workshops, jingle, two (2) radio ads and two (2) television the JCC was successful in reaching four ads which were produced and placed across hundred and fifty (450) persons, above the social and traditional media. target of three hundred (300), in the parishes of Clarendon, Manchester, Kingston & St Andrew The campaign was launched on December 10 – and Trelawny over the course of the year. Human Rights Day, as part of the NFPB’s Virtual This outreach was facilitated through twenty Rispek Tour online and on Radio Jamaica 94 workshops which were delivered in person FM during the popular afternoon show, “Too and online. Between April and August, twelve Live Crew” with broadcasters Dahlia Harris (12) sessions with an average of twenty-eight and Wesley “Burger Man” Burger. Four (4) (28) persons in attendance were convene. static billboards are slated to be installed in Between September and December, a further 2021 in highly trafficked areas in the parishes one hundred and eight (108) persons benefitted of Kingston and St Andrew, and St Catherine. from six (6) sessions which were held in person A total of 2,678 radio ads are scheduled for and online. release on Irie FM, Radio Jamaica 94 FM and Mello FM, as well as a further one hundred and Participants relayed positive feedback about fifty (150) 30-second commercials on Television the workshops and committed to playing an Jamaica (TVJ). These traditional placements active role in reducing HIV-related stigma and

20 ANNUAL REPORT 2020 PM Andrew Holness with UNAIDS Representatives Tameka Clough and Jaevion Nelson

Credit: UNAIDS Jamaica discrimination and gender-based violence and gender harassment. The JN+ policy papers in their communities. Based on the pre and were focused on expediting the passage post-tests that were administered, some of the Occupational Health & Safety Act to participants increased their knowledge about provide greater protection for PLHIV in the how HIV is acquired, human rights and stigma workplace. These briefs recommended that and discrimination. there needs to be a comprehensive legislative framework to address gender harassment and POLICY AND LEGISLATIVE ADVOCACY discrimination perpetrated against vulnerable Over the course of the year, civil society and marginalized groups. The briefs were organisations undertook work and ensured disseminated to the country’s legislators. their voices were heard on critical policy and legislative issues relating to the Sexual The brief on gender harassment encouraged Harassment Bill, the Domestic Violence, the legislators to consider its inclusion in the Sexual Anti-Discrimination, the Occupational Health Harassment Act as a distinct but closely related & Safety Act, and the National Human Rights issue; similar to the definition and mechanisms Institution (NHRI). used in the United Kingdom where gender/sex- based harassment is defined alongside sexual Jamaica AIDS Support for Life (JASL) and harassment in the Equality Act. It was also Jamaican Network of Seropositives (JN+) made recommended that the issue of unauthorised written submissions and presented to the disclosures be dealt with by developing Joint Select Committee of Parliament for the comprehensive ‘privacy laws that can provide Sexual Harassment bill. The recommendations redress in cases where breaches of privacy are presented included broadening the definition committed by an individual.’ of sexual harassment, mandating public education on sexual harassment, and JFJ, in partnership with JASL and UNAIDS, including street harassment in the legislation. commenced work during the period to develop Public advocacy was also undertaken by a legislative approach to the establishment Jamaicans for Justice (JFJ) to respond to the of an independent human rights institution suggestion that reporting and redress for in accordance with the Paris Principles. The sexual harassment should be limited to twelve project seeks to develop a framework for months. JFJ launched a petition advocating for advocacy of the establishment of the NHRI by a which, by the end of the year, garnered 2,700 conducting research, including an analysis of signatures. the existing legal and policy environment, and outline actionable reforms that can be taken by Four policy papers were developed during the government. the period by JASL on the need for an anti- discrimination law, unauthorized disclosure,

22 ANNUAL REPORT 2020 MAIN ACHIEVEMENTS IN PROMOTING AN ENABLING ENVIRONMENT AND PROTECTING HUMAN RIGHTS

In addition to these initiatives, Equality for domestic violence, and child custody issues. All Foundation used the General Elections to These were primarily perpetrated in health, launch a call to action to the leaders of both community and justice settings. The majority major political parties, the Jamaica Labour Party of incidents documented were reported by and People’s National Party, to take action on people living with HIV to JN+ (76) and JASL human rights protection and social justice. The (13). Gay, bisexual and other MSM reported call to action, Vote Justice, is a follow up to the thirty (32) incidents, while there was one report 2016 publication. It considered ten broad human from a sex worker and three from transgender rights and social justice issues which needed persons. to be addressed to improve the human rights situation in the country. It was disseminated to A total of two hundred and eighty-five (285) all sixty-three parliamentarians and fourteen PLHIV and key populations received peer- media contacts, as well as on social media and to-peer legal support. Legal advice and was supported by six organisations. representation were provided to ninety (98) persons with eighteen (18) of these cases ACCESS TO REDRESS FOR PLHIV AND KEY reaching a resolution. As indicated prior, job POPULATIONS reinstatement, settlement costs and removal of Human rights violations perpetrated against perpetrators of violence from the home were people living with HIV and key and vulnerable among the resolutions reached in matters populations were monitored by Jamaicans for where legal support was received by PLHIV Justice, Equality for All Foundation, Jamaican and key populations. Network of Seropositives, Transwave Jamaica and Jamaica AIDS Support for Life. In order to ensure that reports are accurately Documentation of these incidents were documented and dealt with, training was inputted and/or channelled through the Shared undertaken for civil society in an effort Incidents Database (SIDney) and Jamaica Anti- to improve their staff capacity to monitor, Discrimination and Reporting System (JADS) document, and report human rights violations. which are both managed by the Caribbean For example, JASL hosted a training of trainers’ Vulnerable Communities Coalition (CVC) and session among twenty-five (25) community JN+ respectively. paralegals and community representatives from eight NGOs to build the capacity of the A total of one hundred and sixty-four (164) staff to facilitate their own legal literacy session incident reports were documented by NGOs. and increase awareness of the legal referral Incidents reported included physical assault, systems. employment discrimination, sexual abuse,

23 ENABLING ENVIRONMENT AND HUMAN RIGHTS HUMAN RIGHTS TRAINING OF DUTY of the communities and willingness to provide BEARERS non-discriminatory services. Subsequent to the One hundred and sixty (160) police and workshops, senior officers have invited JASL correctional officers and support staff from to undertake additional trainings with their Clarendon, Manchester, St Ann and Hanover officers at their respective stations. Additionally, were trained around human rights, HIV and key populations who interface with officers gender-based violence as well as policies and from the divisions that were targeted, have laws and dealing with key populations. The reported improvements in the interaction with training workshops builds on those conducted the police who also inform clients that they had in 2019 in which two hundred and eighty (280) participated in the training. police and correctional officers were trained. The reduction in the number of persons trained NFPB collaborated with the Regional Health was directly attributable to the coronavirus Authorities (RHAs) to support efforts to pandemic. improve attitudes and behaviours towards PLHIV and key and vulnerable populations. In 2020, a total of five two-day trainings were A total of three hundred and forty-eight conducted by JASL with eighty-seven (87) police (348) health care workers, inclusive of both officers, forty-five (45) correctional officers and clinical and non-clinical staff were trained. twenty-eight (28) support staff from police The workshops included sensitisation on stations and correctional facilities across the stigma and discrimination and the provision island. These sessions were aimed at reinforcing of a human rights-based approach to service the principles of human rights which underpins delivery within the health sector. their work and improve service delivery to key and vulnerable populations living with and JASL conducted a training session with twenty most affected by HIV. The sites selected for the eight (28) healthcare workers, which included training workshops were prioritized based on doctors, nurses, and pharmacists within both where JASL received reports of human rights the public and private health settings. The violations from their clients such as breach sessions focused on integrating human rights of privacy and confidentiality and denial of approaches to service provision and delivery. medication. At least two (2) persons from the communities were included in the trainings Jamaicans for Justice developed infographics to assist with its delivery and, importantly, to and videos around HIV-related domestic share about their experiences accessing such violence matters and commenced on the services in the past. development of a course on Domestic Violence in the Justice System. The course The training workshops were very successful will be delivered virtually and will look at the as participants reported greater understanding system for responding to domestic violence in Jamaica.

24 ANNUAL REPORT 2020 MAIN ACHIEVEMENTS IN PROMOTING AN ENABLING ENVIRONMENT AND PROTECTING HUMAN RIGHTS

Equality for All Foundation commenced its to which PLHIV are provided with non- Mystery Shopping exercise to monitor the discriminatory and responsive services where delivery of services to gay, bisexual and other treatment, care and support is concerned. MSM in the public system in 2019. Following Twelve community scorecard exercises in which the field exercise, it was felt that a greater 75 PLHIV were engaged were conducted to number of persons needed to be trained in this identify challenges experienced and observed technique in order to reach a wider geographic by persons. From the assessments done, it area and to increase the pool of trained was found that meeting rooms did not allow participants from which the organisation can for sufficient confidentiality, customer service tap into for field research and monitoring. from healthcare providers was substandard In 2020, fifteen (15) individuals were trained and information provided about the side in how to undertake mystery shopping effects of medication was poor. Subsequent exercises at various public health facilities. to the scorecard exercise, JN+ worked with In addition to a structured lecture, which the community to identify advocacy initiatives included a presentation, participants were such as sensitization sessions and meetings given scenarios which mirrored aspects of with the relevant authorities to respond to the service delivery across the spectrum of the challenges that were found and noted by health services in the public sector. Scenarios PLHIV. ranged from experiences with security guards, receptionists, nurses, medical doctors, In addition to the documentation of human pharmacists and other healthcare workers. rights violations, JASL, with funding from the With each scenario, a designated shopper was European Union, commissioned an analysis selected who had the opportunity to report on of reports received by NGOs to examine the the shop/experience which was critiqued by settings in which violations occur most, the the specialists and members of the audience. communities that are most likely to experience stigma, discrimination, harassment and The pre-assessment found only three violence, and identify recommendations to participants were familiar with the mystery improve monitoring and support for redress. shopper technique and one person had The report was compiled based on two previously participated in Mystery Shopping. hundred and ninety-eight (298) human rights The post tests showed there was widespread violations and legal cases were undertaken increase in knowledge/familiarity with the using composite data from JASL, Equality technique and that the objectives of the for All Foundation and JN+. Nine (9) focus training were met. group discussions were conducted with forty-five (45) persons identified as key and Similarly, JN+ implemented its Community vulnerable populations; while fourteen (14) key Scorecard Initiative to ascertain the extent informant interviews were conducted among

25 ENABLING ENVIRONMENT AND HUMAN RIGHTS Credit: UNAIDS Jamaica

Hon. Marlene Malahoo Forte Attorney General

26 ANNUAL REPORT 2020 MAIN ACHIEVEMENTS IN PROMOTING AN ENABLING ENVIRONMENT AND PROTECTING HUMAN RIGHTS stakeholders such as INDECOM, Ministry of trans and non-gender conforming persons in Labour and Social Security, other NGO and accessing healthcare services in Jamaica. The government partners. assessment utilised a desk review and (online) Additionally, to substantiate the report, survey among sixty-eight trans and non- an online survey was conducted, using gender conforming persons 16-34 years; as convenience sampling, among seventy-one well as focus group discussions among those (71) persons from key population groups. 19-40 years to document the experiences of the community. The assessment found the The findings suggested that a broader concept trans and non-gender conforming community of access to justice must be tapped into. Much of experienced significant challenges with the scholarly work demonstrated that a limited respect to access and provision of care and focus on courtroom advocacy will not do much this was used to inform the development of the for marginalized communities because of the Trans Health Strategy. myriad challenges they face. Therefore, legal literacy sessions and improved relationships The (National) Trans Health Strategy is a five- with alternate dispute resolution systems must year strategy in ‘which a rights-based health be strengthened. vision for trans and gender non-conforming Jamaicans is advanced; the strategy is the Given the significant distrust that these first if its kind in the English Caribbean. The communities have for police and other justice development of the strategy is ‘harmonised actors, much preliminary work needs to be with the UNAIDS 2020 targets, Jamaica’s done during sensitization sessions with duty- Ministry of Health and Wellness’ Vision for bearers. The report further recommended that Health 2030 - Ten-year Strategic Plan (2019- civil society actors advocate for protective 2030) that commits to “Equity - Striving for legislation to address stigma and discrimination fairness and justice by eliminating differences faced by members of marginalized groups, in that are unnecessary and avoidable”; and particular comprehensive anti-discrimination “Respect-Embracing the dignity and diversity legislation which would prohibit discrimination of individuals and groups…..”’ and was guided in the context of employment, education, by a Steering Committee which included health, housing and the provision of services, representatives from Transwave Jamaica, the and that the government should also establish Ministry of Health & Wellness, UNAIDS, UNFPA, the National Human Rights Institution. and the Institute of Gender & Development Studies at the University of the West Indies, NATIONAL TRANS HEALTH STRATEGY among others. Transwave Jamaica, with technical and financial support from UNFPA and UNAIDS, conducted Through six (6) strategic areas and ten (10) a needs assessment of the experiences of goals, the Trans Health Strategy identifies and

27 ENABLING ENVIRONMENT AND HUMAN RIGHTS promotes a plethora of institutional, societal education, research, public policy, and respect and structural changes that are necessary to and dignity for trans, transgender and gender better support the health and well-being of non-conforming Jamaicans so they are free trans and gender non-conforming persons. to pursue all aspects of their civic, social, These goals ‘promote evidence-based care, economic, emotional and intellectual lives.’

STRATEGYSTRATEGY AREAS AREAS GOALS

SA1. Legislation, policy, access to justice, 1. Jamaicans enjoy inclusive human enabling environment and human rights rights-based legislation and policies that reduce the social, educational, health and economic vulnerability of transpeople 2026.

SA2. Community support 2. Build and sustain the capacity of the trans community to support, advocate, develop and monitor issues affecting the trans community.

SA3. Organizational-national multi-sector 3. Health response delivers accessible, response to trans health acceptable, affordable and quality services to the trans community. 4. Strengthen and reorient education, childcare and youth sector to create safe physical, emotional and intellectual environments for trans, transgender and gender non-conforming students to learn so no child is left behind by 2026. 5. Strengthen and reorient Ministry of Economic Growth and Job Creation sector to create enabling environments for trans, transgender and gender non- conforming applicants and workers. 6. Strengthen and reorient Ministry of Housing to create enabling and safe housing environments and solutions for trans, transgender and gender non- conforming housing applicants and residents.

28 ANNUAL REPORT 2020 MAIN ACHIEVEMENTS IN PROMOTING AN ENABLING ENVIRONMENT AND PROTECTING HUMAN RIGHTS

SA3. Organizational-national multi-sector 7. Strengthen and reorient Ministry of response to trans health Labour and Social Security to create enabling and safe housing environment to access social security and benefits by 2026.

SA4. Interpersonal 8. Empower families and communities to fully support trans community members by 2026.

SA5. Individual 9. Promote and empower full citizenship and gender expression among trans, transgender and gender non conforming Jamaicans.

HUMAN RIGHTS EDUCATION/ Equality for All Foundation implemented a LITERACY FOR KEY AND VULNERABLE number of initiatives to address HIV-related POPULATIONS stigma and discrimination and promote During the course of the year, a number of tolerance and respect for LGBT people. Three interventions were undertaken by organisations (3) social media campaigns to share the to empower key and vulnerable populations experiences of the community and educate with information about their rights and avenues people, including the community on issues for redress. Over three hundred persons were were developed. They were #ShareYourLetter, engaged directly through sessions delivered #MythBusting video series and #FwdWithJFLAG by EFAF, JN+, JASL and others, while thousands as well as the #WeBelong campaign which were reached online using social media. These reached twenty-three thousand nine hundred activities are particularly critical to empowering and forty-six (23,946) persons across social communities to know their rights as part of media platforms. Additionally, one hundred efforts to enable them to claim and enjoy their and sixty-one (161) social media posts covering rights, regardless of their HIV status, sexual HIV-related/LGBT discrimination matters were orientation, gender identity, work or other created and disseminated. status.

29 ENABLING ENVIRONMENT AND HUMAN RIGHTS JN+ developed several videos in which faced in accessing both health and legal secretariat staff were engaged. These videos services. JASL also conducted a speakers’ focused on delivering key messages about bureau training with key populations and other the JADS, treatment and adherence and community representatives to prepare them U=U. Additionally, they conducted three (3) to represent their respective communities and sensitization sessions with seventy-six (76) speak at different levels about the challenges participants from among public and private they face and encourage individuals to become sector organisations. They also convened four agents of change. legal literacy sessions with fifty-seven (57) persons around basic facts, human rights in the Following its successful pilot staging in eight workplace, accessing the JADS and redress (8) communities in 2019 to promote stigma opportunities, as well as how to access the and discrimination reduction, human rights, Voluntary Compliance Programme . and gender equality among faith-based JASL trained one hundred and four (104) PLHIV organisations and high-risk communities, NFPB and key populations through seven (7) legal implemented the second staging of Rispek literacy sessions aimed at empowering them Tour. However, due to the COVID-19 pandemic to know their rights, the situations in which and restrictions on events, this was undertaken to assert them and how they should seek using social and traditional media. Three radio redress if they are breached. The organisation broadcasts coupled with live streaming were also developed a legal literacy handbook to convened on September 18, November 25 and provide PLHIV with a simple, easy to read, December 10, 2020 and reached over sixty comprehensive manual that informed them thousand (60,000) persons. about their rights and responsibilities and outlined how to address the challenges they

Virtual Rispek Tour 2020: Comparative Analysis-Radio Broadcasts and Live Streams

Date Duration Reach Impressions Interactions Video Link

Sept 2:49:27 25,096 - 153 https:// 18-Smart fb.watch/31yK8AsfQi/ and Stuntin Nov 2:13:04 14,662 9,195 7,457 https:// 25-IDEVAW fb.watch/31yGom5xW7/ Dec 10-Human 1:39:03 25,796 25,753 86 https:// Rights Day fb.watch/2PakBWyAvY/

TOTAL 65,554 34,948 7,696

30 ANNUAL REPORT 2020 Lessons Learned and Best Practices Credit: TransWave Jamaica

Throughout the implementation of the enabling environment and human rights interventions, there were lessons learned and best practices identified which are particularly critical for future initiatives.

• Engage People Living with and Most media campaign products. Using standard Affected by HIV and Service Providers for interview and focus group discussion Formative Assessment and pretesting of guides, ten (10) key informant Interviews Human Rights Mass Media Campaign - In and five (5) focus group discussions (FGDs) keeping with international best practices, were conducted with a combined total of a formative assessment was conducted fifty-three (53) participants. between January and February 2020 to solicit the input of key stakeholders drawn • Engaging pre- and in-service duty-bearers from the primary and secondary target - Implementation modality online and in audiences. This input was in turn used to person of the various trainings with the facilitate the design of the human rights mass health care workers, law enforcement

31 ENABLING ENVIRONMENT AND HUMAN RIGHTS officers, members of the judiciary involves • Using ICT based strategies to engage both pre- and in-service. JFJ’s model is to stakeholders - To mitigate the impact of engage pre-service officers, while JASL’s is COVID-19, implementing partners have in-service law enforcement/police officers shifted modalities to ICT based activities. to ensure wide reach. While the human Among the key ICT modalities being utilised rights training is not officially a part of a are a webinar series and using videos as curriculum, the leadership of the Jamaica behaviour change strategies. Therefore, Constabulary Force Training School does this strategy has not only allowed for the engage JFJ and other entities during the recording of the training for future use, but pre-service trainings. JASL has deliberately actually reached a wider audience. engaged the divisional leaders of various police stations across the island who have • Virtual Rispek Tour - Within the context reached out for training of the in-service of the COVID-19 pandemic and the officers. Further, a code of conduct for ingenuity necessitated for the effective human rights was developed in partnership implementation of interventions, the radio between JASL and the Regional Health broadcasts and live streaming enabled Authorities. This awaits layout and design dialogue with a wider cross section of the for printing and dissemination. Jamaican population in urban and rural settings. • Key populations engagement in policy meetings and sensitization sessions – • Human rights, prevention, and treatment The best practice model developed by - With funding support from the EU, a implementing partners in Jamaica is to redress referral card was developed by have members of the key populations JASL and JN+ and is used by the staff when facilitate sessions and share their lived engaging their peers. This card indicates experiences when engaging policymakers what a human rights violation is and how and sensitization sessions. For example, to seek redress. This is to be extended in every sensitization session undertaken to other partner agencies for use among by JASL or JN+, there are at least three (3) both prevention and treatment staff. JN+ members of the various populations giving has four (4) Redress Officers and JASL testimonies and sharing stories of human has trained and assigned three (3) of its rights violations experienced by police peer navigators as “peer-paralegals” who officers. This has resulted in the police facilitate documenting and monitoring of offering an apology during the session. the rights-violations and linkage to legal services. A model is being developed for

32 ANNUAL REPORT 2020 LESSONS LEARNED AND BEST PRACTICES

Patrick Lalor, Policy and Advocacy Officer, at Jamaica AIDS Support for Life, delivering his presentation to a group of law enforcement officers during 2020

agencies such as Children First and Ashe organisation has also facilitated access to Company to train their peer navigator/ short-term housing where a GBV victim is in links in identifying human rights violations need, through referral to Women Inc. or the and making case referrals. Of further note, provision of rent. human rights reporting is integrated in community-based interventions undertaken • Community-led monitoring – This is a by peer links/navigators. recent programme that is being scaled up and undertaken by Equality for All • Gender-based violence - In 2013, JASL’s Foundation and JN+. Both agencies have clinic services were expanded to include established a reporting/feedback loop the delivery of Sexual and Reproductive with the public health facilities where both Health services. This includes counselling adverse and positive findings are shared. on family planning and carrying out pap There needs to be further improvement smears, conducting screening for gender- in monitoring and taking corrective action based violence and providing GBV when there are adverse findings. Members counselling with the psychologist, and of the key populations and community referrals to other services. This has since leaders are trained in monitoring and been broadened to include accessing reporting of human rights complaints and legal services. Conversations around GBV service quality, which is also an integral are now integrated into the organisation’s module in the legal literacy trainings. prevention outreach interventions. The

33 ENABLING ENVIRONMENT AND HUMAN RIGHTS Conclusion & Way Forward Credit: Eve for Life

34 ANNUAL REPORT 2020 CONCLUSION & WAY FORWARD

Stakeholders in the national response to HIV their rights (11) and provision of HIV-related continued to demonstrate their commitment legal services (13). Very few activities to eliminate HIV-related stigma and targeted/reached healthcare workers discrimination. Despite the challenges faced in (6) and lawmakers and law enforcers the implementation of activities, stakeholders (4). Critically, although laws and policies and partners continue to show resilience in continue to be a significant concern, there achieving the national objectives. Successes were only five (5) activities geared towards were noted in reaching key and vulnerable engendering legal and policy reform that populations with information and services were implemented during the year. These related to human rights and accessing redress, interventions were primarily implemented training and sensitization of duty-bearers in communities (31), justice (22) and health around gender-based violence, human rights (18) settings. There were only six and seven and HIV. interventions in education and workplace settings respectively. There was also success in the sensitisation of individuals in faith-based organisations around Community-led organisations, namely EFAF, human rights and equality and community- JN+ and Transwave Jamaica, accounted for based monitoring of health services. Most more than half of the interventions recorded notably, a national trans health strategy was in this report. A total of thirty activities developed and launched, and a national were implemented by them with EFAF human rights campaign was launched. undertaking eighteen, JN+ implementing The latter campaign was intended to raise nine and Transwave Jamaica, three. JASL, awareness about human rights as part of the only full-service NGO in the response, efforts to engender a reduction in stigma and implemented eleven activities. NFPB and discrimination and violence experienced by the UN Joint Team undertook eight (8) and key and vulnerable populations living with or four (4) interventions respectively. While most affected by HIV. there were a number of donors for activities implemented during the year, the majority of At the end of year, there were at least fifty- them—thirty-seven (37) —were undertaken seven (57) interventions that were undertaken with support from The Global Fund to fight to protect and promote human rights and AIDS, Tuberculosis & Malaria. The UN Joint thereby reduce stigma and discrimination Team provided financial assistance for ten perpetrated against people living with HIV interventions. Notably, the Government and key populations most affected by HIV. of Jamaica provided significant amount of Per the Human Rights Baseline Assessment, funding to support the national human rights the majority of activities related to programme campaign which is being spearheaded areas one and five to reduce stigma and by the NFPB and the European Union’s discrimination (24), key populations to know

35 ENABLING ENVIRONMENT AND HUMAN RIGHTS financial support to EFAF and JASL contributed and key populations who experienced tremendously to some of their work in protecting discrimination and other forms of harassment and promoting human rights for vulnerable and and abuse were provided with legal advice and marginalized groups. Overall, the activities that support with some matters reaching a positive were implemented recorded some success resolution. However, notwithstanding these despite the challenges experienced during the achievements, there are gaps in the work year. For example, PLHIV and key populations done to promote an enabling environment reported experiencing better services from and protect human rights. Some areas of the law enforcement personnel who were trained, work under the six (6) programme areas based duty-bearers reported increased knowledge on the human rights baseline assessment and greater willingness to provide services were underrepresented and the majority of to individuals living with and affected by HIV. interventions (72%) documented in this report Additionally, NGOs advocated for policy and were concentrated among four organisations— legislative changes and made presentations JASL, EFAF, JN+ and Transwave Jamaica. before the Parliament. Monitoring, evaluation and learning as well as reporting on EEHR interventions/activities Trans and non-gender conforming persons were a challenge as well. also worked together with stakeholders from the UN Joint Team and Ministry of Health & Going forward, it is critical that stakeholders Wellness to develop the first National Trans recognise that creating an enabling Health Strategy. Finally, a number of PLHIV environment and promoting human rights is

Credit: Equality for All Foundation

36 ANNUAL REPORT 2020 CONCLUSION & WAY FORWARD

Credit: Jamaica Aids Support for Life everyone’s business. More work needs to be impact of the interventions Implemented. It done to increase the number of entities working is important that interventions are designed in this critical area of the response given its far- and implemented to address HIV and human reaching impact and scale up interventions. rights related barriers that are not currently There needs to be improvement in monitoring, being undertaken under the respective evaluation and learning for EEHR to ensure programme areas and settings. Greater effort that interventions are targeted where they are is needed to engage legislators and provide most needed. continuous training for healthcare workers. Additionally, work must be done to capitalise While entities are encouraged to implement on the opportunities to engage duty-bearers, initiatives during each reporting year, it law enforcement personnel and healthcare would be helpful if more effort is made to workers, particularly at the pre-service levels document and report the outcomes and to ensure greater sustainability of current

37 ENABLING ENVIRONMENT AND HUMAN RIGHTS List of Major Interventions Undertaken

HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

#GetReal busting EFAF TGF x x myths and conceptions of LGBT people

#OutLoudJA Speakers’ EFAF Dutch Embassy x x x x Bureau Forum

Capacity building JASL TGF x x x initiatives among civil society to implement community-led activities to reduce human rights related barriers Commence UNDP UNAIDS/UNDP development of an online reporting dashboard for EEHR

Community Scorecard JN+ TGF x x x

Develop and JASL TGF x x disseminate draft research for a comprehensive and general anti- discrimination law

38 ANNUAL REPORT 2020 HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

Policy briefs for NFPB GOJ x x Parliamentarians on termination of pregnancy and criminalising ‘wilful’ HIV transmission Develop and place EFAF TGF x x x x web-based IEC Materials (Posters, Videos)

Parenting workshop on NFPB/SDC GOJ x x the rights of the child Develop five strategy UNAIDS UNAIDS to operationalize NSP Document human JN+ TGF x rights violations in the Jamaica Anti- Discrimination Systems (JADS) SRH and human rights NFPB GOJ x x videos for placement in health facilities Draft Declaration UNAIDS UNAIDS x x x x of Commitment to address S&D

39 ENABLING ENVIRONMENT AND HUMAN RIGHTS HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

Adolescent sexual NFPB/RHA TGF x x reproductive health capacity building sessions Establish and UNAIDS UNAIDS x x x x x x commence partnership to Eliminate S&D Establish social Justice JN+ TGF x x x sites to increase access to justice for PLHIV and KP at select health facilities, targeted communities and other settings identified through the JADS and other complaint mechanism Gain consensus JASL TGF x x from heads of RHAs regarding the developed code of conduct HIV and Access to JASL EU x x Justice Report

40 ANNUAL REPORT 2020 LIST OF MAJOR INTERVENTIONS UNDERTAKEN

HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

Host community-based EFAF TGF x talks and sensitization sessions with parents and guardians of LGBT children Human rights and GBV JCC TGF x x sensitization for FBOs

IEC Materials JN+ TGF x x x (Posters, Videos) for the Jamaica Anti- Discrimination System for HIV (JADS), highlighting S&D experienced by PLHIV Informal conversations EFAF x x with cishet men to identify ways in which they can boost their engagement Installation of pride EFAF AFJ x x mural in downtown Kingston

Legal Literacy (MSM/ EFAF TGF x x LGBT)

Legal literacy (PLHIV) JN+ TGF x x

41 ENABLING ENVIRONMENT AND HUMAN RIGHTS HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

PA 1 - PA 2 - PA 3 - PA 4 - Legal PA 5 - HIV- PA 6 - INTERVENTION IMPLEMENTER FUNDER C J H E W Stigma and Training ensitization Literacy related Monitoring O U E D O M crimination for HCW of law- (“Know Your Legal and M S A U R reduction on human makers Rights”) Services reforming U T L C K N I T A P for key rights and and law laws, I C H T L populations medical enorcement regulations T I E I A ethics agents and policies E O C S N E legal literacy and JASL TGF x x x x x x human rights training and sensitization sessions among 144 PLHIV and KPs to increase community based monitoring and to reinforce the need and importance of an effective legal and other kinds of redress Meeting with 24 policy EFAF x x makers and decisio Media content analysis on reporting on LGBT issues ns makers and share findings from Media content analysis EFAF x x on reporting on LGBT issues

42 ANNUAL REPORT 2020 LIST OF MAJOR INTERVENTIONS UNDERTAKEN

HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

Meetings per year JASL TGF x x with 20 healthcare providers (doctors, nurses, pharmacists) per session within the public and private sectors on integrating human rights approaches to service provision and delivery Monitoring Human JN+ TGF x x Rights Violations (PLHIV) Mystery Shopper EFAF TGF x x Training for LGBT People National Dialogue EFAF UNDP-BLIC x x x x x x on Human Rights in Jamaica National human rights NFPB TGF/GOJ x x campaign Policy research paper JFJ UNAIDS x x on human rights institution

Position papers on JN+ TGF x x x x x HIV and human rights issues

43 ENABLING ENVIRONMENT AND HUMAN RIGHTS HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

Provide documentation EFAF x x of human rights violations reports received Provide legal redress JASL TGF x x for PLHIV and sub- population PLHIV and document human rights violations reports received Provide legal referrals JN+ TGF x x and redress for PLHIV and sub-population PLHIV Provide support to and EFAF x x x encourage policy and decision-makers to take action for human rights Provision of legal JFJ TGF x x support to PLHIV and key populations Re-establish Legal NFPB GOJ x x & Policy Review Committee

44 ANNUAL REPORT 2020 LIST OF MAJOR INTERVENTIONS UNDERTAKEN

HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

Refresher training EFAF TGF x x among 20 PLHIV and KP representatives to utilize community- based monitoring tools in healthcare/law enforcement settings and other social services Repect Human Rights NFPB TGF x x Tour (Virtual)

Research/Legal EFAF EU x analysis on Economic, Social & Cultural Rights

Retain a comedian to EFAF TGF x develop and post on social media a comedy series promoting respect and tolerance - #KyymKode video series Provide support to and EFAF Comic Relief x x x encourage policy and decision-makers to take action for human rights

45 ENABLING ENVIRONMENT AND HUMAN RIGHTS HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

Sensitization sessions EFAF UNDP-BLIC x x for media practitioners on reporting on LGBT issues Sensitization sessions JFJ TGF x x of judicial stakeholders regarding human rights approaches to service delivery Sensitization sessions JASL TGF x x to police officers and support staff on human rights service delivery Sensitization sessions JN+ TGF x x x with public and private sector organizations around JADS and human rights Speakers Bureau JASL EU x x x x x x Training for Key Populations

46 ANNUAL REPORT 2020 LIST OF MAJOR INTERVENTIONS UNDERTAKEN

HUMAN RIGHTS BASELINE ASSESMENT PROGAMME AREAS PARTNERSHIP SETTING

Train NGO staff around JASL TGF x x M&E framework to document and monitor legislation, policies and strategies implemented within the Joint Civil Society Advocacy Plan Training of healthcare NFPB TGF x x workers around human rights Trans Active Transwave TGF x x Empowerment Sessions Trans Health Strategy Transwave UNAIDS/UNFPA x x

Trans Needs Transwave UNAIDS/UNFPA x x x Assessment Vote Justice Human EFAF x x x x x x Rights Call to Action for Political Parties

47 ENABLING ENVIRONMENT AND HUMAN RIGHTS 48 ANNUAL REPORT 2020 End notes

1. JADS is a human rights violation reporting mechanism which provides a system for the reporting and documentation of incidents and a system of redress

2. See Criminalizing Private Consensual Intimacy II: http://equalityjamaica.org/assets/ criminalizing_private_consensual_intimacy.pdf

3. Revised UNAIDS estimates, 2019

4. Knowledge, Attitudes, Practices and Behaviour Survey, 2017

5. Stigma Index 2.0, 2019

6. The Jamaican LGBT Community Experience and Needs Assessment Survey Results

7. 876 Study, 2018

8. Global Partnership for Action to Eliminate All Forms of HIV-Related Stigma and Discrimination - https://www.unaids.org/sites/default/files/media_asset/global- partnership-hiv-stigma-discrimination_en.pdf

9. The Voluntary Compliance Programme is an initiative led by the Ministry of Labour & Social Security to help businesses prepare to meet the requirements of the Occupational Health & Safety Act. The initiative has

49 ENABLING ENVIRONMENT AND HUMAN RIGHTS Jamaica Partnership to Eliminate HIV-related Stigma & Discrimination UNAIDS Jamaica 6th Floor, PanJam Building, 60 Knutsford Boulevard, Kingston 5, Jamaica 876 960 6538