During the review of Jamaica’s initial and second periodic reports this week in Geneva, Committee Experts raised concerns about detention procedures, access to legal aid, and protections for individuals without valid immigration status.
“How are migrants approaching Jamaica from Cuba by boat treated when they do not have documents? What happens to them? Where are they sent?” asked Committee Expert and Co-Rapporteur Jasminka Dzumhur. “And who provides legal aid in these cases?”
The Jamaican delegation responded that while irregular migrants are considered in breach of the country’s immigration laws, their rights are protected under the Jamaican Constitution.
“If a person requests to apply for refugee status, they cannot be removed from Jamaica until this application is considered, regardless of their nationality or how they entered the country,” a delegate said. “We do not criminalize persons in irregular migration.”
The officials explained that undocumented migrants are typically held at local police stations near their point of entry. If necessary, they may be placed in correctional facilities — though authorities emphasized there is no “cross-contamination” between migrants and convicted inmates.
“There is a strong emphasis on safeguarding the dignity and rights of all individuals, regardless of status,” the delegation said, adding that decisions about deportation or repatriation are coordinated with the relevant diplomatic authorities when possible.
Still, Committee Experts noted gaps in the information provided and pressed for more concrete data and assurances of legal protections.
“We need to understand how the rights of undocumented migrants are practically ensured, not just what’s outlined in law,” said Dzumhur. “Are there mechanisms in place to guarantee legal aid or access to the asylum process in a timely manner?”
In a pre-recorded statement, Jamaica’s Minister of Labour and Social Security, Pearnel Charles Jr., acknowledged the challenges. “Migration is an integral part of Jamaica’s national experience,” he said. “We are committed to promoting safe, orderly, and regular migration that aligns with international standards.”
The Committee will issue its concluding observations on Jamaica’s report in the coming weeks.
