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Country Information and Guidance. Jamaica

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Country Information and Guidance. Jamaica Country Information and Guidance Jamaica: Background information, including actors of protection and internal relocation Version 1.0 May 2016 Preface This document provides general, background information to Home Office decision makers to set the context for considering handling particular types of protection and human rights claims. Where applicable, it must be read alongside other relevant country information and guidance material. Decision makers must consider claims on an individual basis, taking into account the case specific facts and all relevant evidence, including: the guidance contained with this document; the available COI; any applicable caselaw; and the Home Office casework guidance in relation to relevant policies. Country Information The COI within this document has been compiled from a wide range of external information sources (usually) published in English. Consideration has been given to the relevance, reliability, accuracy, objectivity, currency, transparency and traceability of the information and wherever possible attempts have been made to corroborate the information used across independent sources, to ensure accuracy. All sources cited have been referenced in footnotes. It has been researched and presented with reference to the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI), dated April 2008, and the European Asylum Support Office’s research guidelines, Country of Origin Information report methodology, dated July 2012. Feedback Our goal is to continuously improve the guidance and information we provide. Therefore, if you would like to comment on this document, please e-mail us. Independent Advisory Group on Country Information The Independent Advisory Group on Country Information (IAGCI) was set up in March 2009 by the Independent Chief Inspector of Borders and Immigration to make recommendations to him about the content of the Home Office‘s COI material. The IAGCI welcomes feedback on the Home Office‘s COI material. It is not the function of the IAGCI to endorse any Home Office material, procedures or policy. IAGCI may be contacted at: Independent Chief Inspector of Borders and Immigration, 5th Floor, Globe House, 89 Eccleston Square, London, SW1V 1PN. Email: [email protected] Information about the IAGCI‘s work and a list of the COI documents which have been reviewed by the IAGCI can be found on the Independent Chief Inspector‘s website at http://icinspector.independent.gov.uk/country-information-reviews/ Page 2 of 20 Contents Guidance ................................................................................................................... 4 1. Introduction ........................................................................................................ 4 2. Consideration of Issues ..................................................................................... 4 3. Policy summary ................................................................................................. 5 Country Information ................................................................................................. 6 4. Geography and demography ............................................................................. 6 5. History ................................................................................................................ 7 6. Economy ............................................................................................................ 7 7. Political System ................................................................................................. 8 8. Security Apparatus .......................................................................................... 10 9. Judiciary ........................................................................................................... 16 10. Freedom of movement ..................................................................................... 18 11. Citizenship ....................................................................................................... 19 Version Control and Contacts ............................................................................... 20 Page 3 of 20 Guidance Updated May 2016 1. Introduction 1.1 Summary of issues 1.1.1 In general, are those at risk of persecution or serious harm able to seek effective protection? 1.1.2 In general, are those at risk of persecution or serious harm able to internally relocate within Jamaica? Back to Contents 2. Consideration of Issues 2.1 Protection 2.1.1 The Jamaica Constabulary Force (JCF) has primary responsibility for internal security, assisted by the Island Special Constabulary Force. A series of measures have been taken to in recent years to enhance operational and administrative efficiency and reduce serious crime, including the successful merger of the Island Special Constabulary Force into the Jamaica Constabulary Force, and an increase in police recruitment, which had contributed to the ongoing improvement of crime statistics and decline in serious and violent crimes. Despite the progress made in recent years, there are reports that some police officers continue to be involved in corruption and criminal activity (see Police). 2.1.2 Avenues of redress exist for those who make complaints against the police. The Independent Commission of Investigations (INDECOM) undertakes investigations concerning actions by members of the security forces and other agents of the State that result in death or injury to persons or the abuse of the rights of persons; and for connected matters. It has been reported that the speed of investigations and prosecutions has quickened in recent years (see Avenues of redress). 2.1.3 The law provides for an independent Judiciary. The judicial system is headed by the Supreme Court and includes a court of appeals and several magistrates’ courts. The courts are reported to be overburdened which can leads to delays in the justice system (see Judiciary). 2.1.4 In general, the authorities in Jamaica are willing and able to provide effective protection. In the country guidance case of AB (Protection-criminal gangs- internal relocation) Jamaica CG [2007] UKAIT 00018 the Tribunal, before going on to consider whether the Jamaican authorities can protect persons who face a real risk in the form of targeting by criminal gangs, considered whether more generally the authorities are willing and able to provide effective protection and found that there is in general a sufficiency of state protection in Jamaica [para 150 of determination]. In doing so, the Tribunal reconfirmed the guidance given in JS (Victims of gang violence, Sufficiency of protection) Jamaica [2006] UKAIT 00057 (21 July 2006) which found that ‘There is clear evidence that in general the Government of Jamaica is not only willing, but also able to provide through its legal system a reasonable Page 4 of 20 level of protection from ill-treatment to its citizens who fear criminal acts in Jamaica and to those who fear retribution for testifying against criminals.’ 2.1.5 See also country information on Police and Judiciary. 2.1.6 For further information on assessing the availability or not of state protection, see the Asylum Instruction on Assessing Credibility and Refugee Status Back to Contents 2.2 Internal relocation 2.2.1 Decision-makers must give careful consideration to the relevance and reasonableness of internal relocation on a case by case basis, taking full account of the individual circumstances of the particular person. 2.2.2 The law provides for freedom of internal movement and the government respect these rights (see Freedom of movement). 2.2.3 In the country guidance case AB, the Tribunal found that whether a person will be able to avoid risk by relocating will depend on his particular circumstances, but the evidence does not support the view that internal relocation is an unsafe or unreasonable option in Jamaica in general; it is a matter for determination on the facts of each individual case. 2.2.4 For further information on considering internal relocation, see the Asylum Instruction on Assessing Credibility and Refugee Status and the Asylum Instruction on Internal Relocation Back to Contents 3. Policy summary 3.1.1 In general, a person is likely to be able to access effective state protection against persecution or serious harm by non-state actors or rogue state actors. 3.1.2 Internal relocation to another area of Jamaica is generally viable if the risk will not be present in the place of relocation.. Back to Contents Page 5 of 20 Country Information Updated May 2016 4. Geography and demography 4.1 Geography 4.1.1 Jamaica’s total area is 10,991 sq km. It is an island in the northern Caribbean south of Cuba. 1 4.1.2 Its population is 2,950,210 (2015). The capital of Jamaica is Kingston and the country is divided administratively into 14 parishes. 2 Back to Contents 4.2 Languages 4.2.1 Ethnologue indicated that the principal languages are English and Jamaican Creole English. ‘The number of individual languages listed for Jamaica is 4. All are living languages. Of these, 1 is institutional, 2 are developing, and 1 is in trouble.’ (See the ‘Languages’, ‘Profile’ and ‘Status’ tabs on the Ethnologue website for more details on which languages fit which categories.) 3 Back to Contents 4.3 Ethnic groups 4.3.1 The my-island-jamaica.com website noted that ‘The Jamaican population consists of three main ethnic groups – Black, East Indian, and White. The other ethnic groups include Chinese, Lebanese
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