STATES PARTIES THIRD and FOURTH PERIODIC REPORT Under ARTICLE 44 (1) (b) of the CONVENTION on the RIGHTS

of the CHILD

JAMAICA
1 January 2003 31 December 2009
Prepared by the

Child Development Agency

Submitted July 18, 2011

Table of Contents
Page
List of Tables, Figures, Boxes and Appendices

Acronyms/Abbreviations Acknowledgements Introduction Theme 1 General Measures of Implementation 1.1.Legislation 1.2.Co-ordination 1.3.Independent Monitoring Structures 1.4.National Plan of Action 1.5.Data Collection 1.6.Resources for Children 1.7. Dissemination of CRC Information Definition of the Child General Principles 3.1. Non-discrimination 3.2. Best Interests of the Child 3.3. Views of the Child Civil Rights and Freedoms 4.1. Birth Registration 4.2. Violence/abuse/neglect/ punishment including corporal punishment 4.3. Childrens Access to Information Family Environment and Alternative Care 5.1. Family Environment 5.2. Children Deprived of Family Environment Basic Health and Welfare 6.1. Children with Disabilities 6.2. Health and Health Services 6.3. Adolescent Health 6.4. HIV/AIDS 6.5. Social Security & Standard of Living Education, Leisure and Cultural Activities Special Protection Measures 8.1. Economical Exploitation (Child Labour) 8.2. Sexual Exploitation/Trafficking 8.3. Juvenile Justice 11 15

Theme 2 Theme 3

35 38

Theme 4

47

Theme 5

62

Theme 6

80

Theme 7 Theme 8

103 124

References Appendices Annex 3

List of Tables, Figures, Boxes

TABLES Table 1.1 Table 1.2 Table 1.3 Table 1.4 Table 1.5 Number of Visits made to Institutions with Children February 2006 to March 2009. OCA Reports to Relevant Authorities NFAC Priority Target Groups Real Budget Expenditure on Children 000 J$ (Constant Value in 1996 dollars) CDA: Public Education and Community Outreach Activities, April 2004- December 2009

Table 2.1 Table 2.2

Child Populations, 2002-2007 Population, 0-19 years 2002-2007

Table 3.1

Regional Consultations Conducted by Office of the Childrens Advocate, 2007

Table 4.1 Table 4.2 Table 4.3 Table 5.1 Table 5.2 Table 5.3 Table 5.4 Table 5.5 Table 5.6 Table 5.7 Table 5.8 Table 5.9 Table 5.10 Table 5.11

Type of Centres in which Birth Occurred, 2003 Breakdown of Cases Reported to the Office of the Childrens Registry, 2007-2009 Views of Youth Information Centres Mean Household Sizes By Sex of Household Head and Region, JSLC 1997 2007 Numbers of Children by Caregivers Poverty Level Prevalence of Poverty in Jamaica - 1997-2007 PATH Beneficiaries as at June 2009 Conditions for PATH Participation CDA: Children in Care per Region per Placement Category as at December 31, 2009 CDA: Adoption Services Activities, April December 2009 CDA Social Inquiry Reports April 2004 December 2009 Budgetary Allocations Summary of CDA Achievements against Keating Recommendations Summary of Critical Incidents Impacting Children in Care April 2004 - December 2009 4

Table 5.12

Monitoring Visits to Police Lock-ups/Stations

Table 6.1 Table 6.2 Table 6.3

Table 6.4

Health Services Provision in Jamaica Health Indicators: 2003-2007 Trends in Immunization Coverage for Jamaica: 2003-2007 Trends in Nutritional Status of Children 035 months attending Public Health Sector Facilities: 2003-2007* Numbers of Adolescent Births at VJH, STH, SAB, CRH and Mandeville Hospitals: 2003-2007 Age-Specific Fertility Rates (15-17 years) and Total Fertility Rate Jamaica, By Maternal Age, Compared With 1975 Fertility Survey, 1983, 1989 and 1993 CPS and 1997, 2002 and 2009 Reproductive Health Survey Planning Status of Last Pregnancy of Young Adult Women Aged 1519 who had Live Births in the Past Five (5) Years or who are Currently Pregnant Comparing 2002 RHS and 1997 RHS Percentage (%) of Mental Health Symptoms [Among Adolescents Aged 15-19] by Sex, Jamaica, 2006 Percentage of 15-19 Year Olds Who Used Alcohol or Smoked Ganja, Jamaica, 2006 Summary of AIDS in JAMAICA By Age and Gender 2008 Summary of AIDS in JAMAICA By Age and Gender 1982 2008

Table 6.5 Table 6.6

Table 6.7

Table 6.8 Table 6.9 Table 6.10 Table 6.11

Table 7.1 Table 7.2 Table 7.3 Table 7.4 Table 7.5 Table 7.6 Table 7.7

Number and Type of Institutions Offering Public Education 2008/09 Number of New School Places Early Childhood Population - 2003 Mean Scores (%) in the Grade Six Achievement Test (GSAT) 2003-2007: Enrolment, Capacity and Deficit of School Places at the Secondary Level 2008/09 CXC/CSEC Performances by Jamaican School Candidates 2003-2007 CSEC Performances in English Language and Mathematics 2007-2009 School Type

Table 8.1 Table 8.2 Table 8.3 FIGURES Figure 4.1

National Plan of Action for Child Labour Areas of Focus Admissions To Juvenile Institutions by Age, Sex and Offence, 2008 Numbers of Offenders in Juvenile Correctional Centres

Birth Registration among Children Age 0-23 months

Figure 5.1 Figure 5.2

Number of Registered PATH Beneficiaries since 2004 Reports to the CDA 2007/2008 5

Figure 6.1

Exclusive Breast Feeding Status among Babies visiting Public Health Sector Facilities: 2003-2007 Percentage Allocation of Government of Jamaica Expenditure on Education by sector 2008/09 Performances at the Mastery Level, Grade Four Literacy 2007

Figure 7.1 Figure 7.2 BOXES Box 1.1 Box 1.2 Box 1:3 Box 2.1 Box 3.1 Box 3.2 Box 3.3 Box 3.4 Box 4.1 Box 4.2 Box 5.1 Box 5.2 Box 5.3 Box 6.1 Box 6.2 Box 6.3 Box 6.4 Box 7.1 Box 7.2

Childrens Knowledge of Child Rights Jamaican Children Speak about Child Rights and Responsibilities CASE STUDY - Successful NGO/GoJ Collaborative Venture Jamaican Children Speak who is a child? Jamaican Children Speak About Discrimination Children speak.. always act in the best interests of the children CASE STUDY The Power of Youth Advocacy Jamaican Children Speak about .their Right to a Voice The Centre for the Investigation of Sexual Offences and Child Abuse Jamaican Children speak about Crime and Violence The Roving Care Givers programme Jamaican Children Speak about Parents and Parenting Voices of Children in Care Jamaican Children ask questions about children with disabilities Camp Bustamante Jamaican Children speak about Health Services Children First Bashy Bus Number of Special Education Schools in Jamaica 2009 Jamaican Children speak about Education

APPENDICES Appendix 1: Appendix 2: Appendix 3: MDG Progress Matrix CDA Organization Chart CDA Challenges/Strategies to Resolve

ANNEX
Theme 1: Table 1-A1: Table 1-A2: Theme 2: Table 2-A1: Table 2.A2: Theme 4: Table 4-A1: Table 4-A2: Table 4-A3: Table 4-A4: Table 4-A5: Table 4-A6: Table 4-A7: Table 4-A8: Theme 5: Table 5-A1: Table 5-A2: Table 5-A3: Table 5-A4 Table 5-A5: Table 5-A6: Table 5-A7: Theme 6: Table 6-A1: Table 6-A2: Table 6-A3: Table 6-A4: Table 6-A5: General Measures of Implementation Macro-Economic Indicators for Jamaica (2006-2008) Selected Socio-economic Indicators for Jamaica (1991, 2008) Definition of the Child Population of Jamaica by Age and Sex, 2005-2008 Age Profile of Population and Total Age Dependency Ratios by Region Percentages, 1997 2007 Civil Rights and Freedoms Violence Related Injuries Treated in Accident and Emergency Rooms Place of Occurrence of Injuries in Children 19 years and under Recorded Violent Incidents in Schools in Safe Schools Programme Percentage of 10-15 year olds and 15-19 year olds who used alcohol, smoked tobacco or marijuana or became drunk in the past year by gender Drug /Substance use of 15-19 year olds by age Factors Contributing to ganja use among 15-19 year olds old by gender No of visits to child and adolescent mental health clinics 2002-6 Fertility rates among women and reproductive status among females 15-19 yrs old Family Environment and Alternative Care Mean Household Size By Sex of Household Head and Region Household Composition by Sex of Household Head, And Quintile, 2007 Performance re Actions on Keating Report Recommendations Composition of Households with Females as Head by Region and Quintile, 2007 Poverty Rate among children Children Who Lost PATH Benefits or Missed Payments Because PATH Conditions Were Not Met, by Quintile, Sex and Age, 2007 Reasons Why PATH Conditions for Children's School Attendance Were Not Met, by Region, Quintile, and Sex, 2007 Basic Health and Welfare Key Health Indicators Immunization Coverage of Children 6-59 Months (Per cent age), 1997-2007 Reported cases from public health facilities of gastro-enteritis in children under five years Maternal deaths and maternal mortality rate 1983-2003 Prevalence of Over-Nutrition among Children (0-59 Months) By Region, Quintile, Sex and Age, 2002-2007 Education, Leisure and Cultural Activities Key Education Indicators Per capita expenditure at all levels of the educational system (J$ current costs) Enrolment by Age Group and Education Level, 1997-2002, 2004, 2006- 2007 Enrolment of School Age Population by Quintile, 1997-2002, 2004, 2006, 2007 (Per cent) Enrolment by Age and Region, 1997-2002, 2004, 2006, 2007 (Per Cent) Number of Public Educational Institutions with Shift by School Type & Parish 2007/2008 Possession of Required Textbooks by Quintile, Region and School Type, 2007(Per Cent) Annual Family Life Education Expenditure, Primary and Secondary Schools, 2004, 2006 &2007 ($) Number of Repeaters by Grade, Sex and School Type: Grades 1-6: 2007/2008 7

Theme 7: Table 7-A1: Table 7-A2: Table 7- A3: Table 7-A4: Table 7-A5: Table 7-A6: Table 7-A7: Table 7-A8: Table 7-A9:

Table 7-A10: Table 7-A11: Table 7-A12: Table 7-A13: Table 7-A14:

Number of Repeaters by Grade, Sex and School Types: Grades 7-12:2007/2008 Summary of Teaching Staff by Level and Type Of Educational Institution 2007/2008 Summary of Teaching Staff by Level and Type of Educational Institution 2007/2008 Involvement of Parents in the Education System: No of active Parent Teacher Associations No. and % of Primary schools with Guidance Counsellors (GC) and ratio of GCs to students at secondary level Table 7-A15: School Feeding Participation by Region, Quintile and School Type, 2006 and 2007 (Per Cent) Table 7-A16: Educational Transformational Initiatives of the Min of Education Theme 8: Table 8-A1: Table 8-A2: Table 8-A3: Special Protection Measures Ideal and Actual Capacity of Juvenile Correctional Facilities in Jamaica Age Group and Sex of Persons Arrested for Selected Major Crimes - 2008 Reasons Juveniles Appeared Before the Court, 2006-2008

LIST OF ACRONYMS/ABBREVIATIONS AIDS: BCG: CA: CCDC: CAREC: CARICOM: CCPA: CDA: CEDAW: CIEP: CRC: ECC: ESSJ: ESP: GOJ: GDP: GSAT: GNAT: HFLE: HEART: HISEP: HIV: IACHR: IADB: IJCHR: JAPD: JCRC: JFJ: JFLL: JSIF: JSLC: KMA: MDG: MMR: MOH: MOE: MOJ: MLSS: MSI: MTSEF: NEI: NFAC: NGO: NHF: NIS: NTA: OCA: OCR: ODPEM: Acquired Immune Deficiency Syndrome Bacillus Calmette Guerin Childrens Advocate Caribbean Child Development Centre Caribbean Epidemiology Centre Caribbean Community Child Care & Protection Act Child Development Agency Convention on the Elimination of Discrimination Against Women Culture in Education Programme Convention on the Rights of the Child Early Childhood Commission Economic and Social Survey, Jamaica Early Stimulation Programme Government of Jamaica Gross Domestic Product Grade Six Achievement Test Grade Nine Achievement Test Health & Family Life Education Human Employment and Resource Training High School Equivalency Programme Human Immunodeficiency Virus Inter-American Commission for Human Rights Inter-American Development Bank Independent Jamaica Council for Human Rights Jamaica Association for Persons with Disabilities Jamaica Coalition on the Rights of the Child Jamaicans for Justice Jamaica Foundation for Life Long Learning Jamaica Social Investment Fund Jamaica Survey of Living Conditions Kingston Metropolitan Area Millennium Development Goals Measles, Mumps, and Rubella Ministry of Health Ministry of Education Ministry of Justice Ministry of Labour and Social Security Management Systems International Medium Term Social & Economic Framework National Education Inspectorate National Framework of Action for Children Non-Governmental Organization National Health Fund National Insurance Scheme National Training Agency Office of the Childrens Advocate Office of the Childrens Registry Office of Disaster Preparedness and Emergency Management 9

OHCHR: OPV: OVC: PAHO: PATH: PIOJ: PHC: RGD: SALISES: SFAP: SICI: STIs: TB: TFCAP: UN: UNCRC: UNESCO: UNICEF: UNGASS: USA: USAID: VEN: VPA: WHO: WFFC: YIC:

Office of the United Nations High Commissioner for Human Rights Oral Polio Vaccine Orphans and Vulnerable Children Pan American Health Organization Programme of Advancement Through Health and Education Planning Institute of Jamaica Primary Health Care Registrar Generals Department Sir Arthur Lewis Institution of Social & Economic Studies School Fee Assistance Programme Social Investment for Children Initiative Sexual Transmitted Infections Tuberculosis Task Force on Child Abuse Prevention United Nations United Nations Committee on the Rights of the Child United Nations Educational, Scientific and Cultural Organization United Nations Childrens Fund United Nations General Assembly Special Session United States of America United States Agency for International Development Vital Essential and Necessary Violence Prevention Alliance World Health Organization World Fit For Children Youth Information Centre

10

ACKNOWLEDGEMENTS
The Child Development Agency gratefully acknowledge the valuable contribution of all those who participated in the preparation of this Report. Special thanks to the Technical Guidance Committee comprising representatives from the various agencies that not only provided guidance but valuable critiques as well as validation of the information in the many drafts of the Report. These include; Ministry of Justice, Ministry of Education, Ministry of Health, Department of Correctional Services, Ministry of Labour and Social Security, Ministry of Foreign Affairs and Foreign Trade, Bureau of Womens Affairs, Office of the Childrens Advocate, Office of the Childrens Registry and the United Nations Childrens Fund. In addition, these agencies identified individuals who made invaluable contributions in the Technical Working Groups by examining closely the various thematic areas. They provided vital information via reports, interviews, E-mails and by telephone. There were many other individuals, Government and Non-Government agencies and groups who provided valuable information and support throughout the process. To them we extend our sincere thanks. The Agency wishes to specially thank Carol Samuels for her leadership and the efforts she made to prepare a comprehensive and balanced report. In addition we thank individuals such as Gail Hoad who assisted with data collection and Carol Watson-Williams who reviewed the Report and provided additional charts and graphs for the Annex. We also thank Brigette McDonald-Levy who coordinated the efforts which garnered the views and opinions of children which brought their voices to life throughout the Report. To all the children who participated we thank you for your honesty and frankness.

11

STATES PARTIES THIRD and FOURTH PERIODIC REPORT under ARTICLE 44 (1) (b) of the CONVENTION on the RIGHTS of the CHILD JAMAICA Introduction This report represents Jamaicas combined Third & Fourth Periodic Report under Article 44 (1) (b) of the Convention on the Rights of the Child. The form and content of this report conforms to the guidelines adopted by the Committee at its thirty-ninth session June 3, 2005. It covers the period (a) 1 January 2003 to 31 December 2008, and (b) a one year update for the period 1 January 2009 to 31 December 2009 using available data. At the end of 2007 Jamaicas population stood at approximately 2.7 million. The most important demographic variable in Jamaica is the significant change in the age profile of the population that has occurred over the past three decades. The proportion of children, which currently stands at 34.3%, is projected to fall gradually to under 30% by the year 2020.1 Children born in Jamaica today have more than a 97% chance of surviving beyond age five, and almost a 100% chance of enrolling in school up to the secondary level and will go on to live on average, over 73 years. In 2008, the Jamaican economy contracted by 0.6 per cent, the first decline in over ten years. A fiscal deficit of $57.2 billion represented an almost 17 per cent rate of inflation, almost 20 per cent more than programmed in the national budget. This deficit was largely the result of a fall in revenue due to a downturn in economic activities stemming from the global financial crisis.

Policy Environment

Over the period under review, the Government of Jamaica with the help of civil society organizations and International Development Partners made some progress in its effort to protect and fulfill the rights of children. Steps were taken to establish a policy framework, guided by the principles of the Convention (CRC) and reinforced by a national commitment to the Millennium Development Goals (MDGs), several of which are either directly or indirectly relevant to the welfare and wellbeing of children. This policy framework is buttressed locally by the Child Care and Protection Act (CCPA, 2004), which has spawned legislation in a wide range of areas including trafficking and child labour and led to the establishment of key agencies such as the Office of the Childrens Advocate and the Childrens Registry. The Act incorporates the principles of the CRC with the best interests principle becoming the focal point of decision-making on issues related to children. Other components in this framework are the Medium Term Social and Economic Framework, and the National Framework of Action for Children (NFAC) which is currently being developed. In addition to the new legal framework in place, Jamaican children have benefited greatly from three major successes over the reporting period. In the health system, there is now the provision of subsidized drugs through the National Health Fund (NHF) established in 2003 and the removal of user fees from all Government hospitals and clinics islandwide in 2009. In the education system, tuition fees have been abolished for children at the secondary level since September 2007.

Economic and Social Survey of Jamaica, 2007

12

Monitoring Progress For Jamaica, achievements for the period were mixed. Significant progress was made in child-relevant policy goals, some prompted by international commitments like the CRC and the MDGs, while others were adopted as central to Government of Jamaicas human development strategies. In addition, the international consensus on child development that emerged over the last two decades as a result of the CRC has served to accelerate the pace of change for the benefit of children. Reporting on Jamaicas progress towards the achievement of the Millennium Development Goals, the Planning Institute of Jamaica (PIOJ)2 indicates that Jamaica has achieved significant reduction of absolute poverty, reduction of malnutrition and hunger, and universal primary education. While progress has been made, the analysis indicated that poverty rates continue to fluctuate annually and while school enrolment is impressive, there remains a concern with the quality of education outcomes. The country was adjudged as being on track for combating HIV and AIDS, halting and reversing the incidence of diseases such as malaria and tuberculosis, access to improved reproductive health, and the provision of safe drinking water and basic sanitation. It however, lags behind in gender equality3 and environmental sustainability. The country was deemed far behind in targets for child and maternal mortality. It is recognized that this is partly because Jamaica already has comparatively low mortality rates and further gains are mainly dependent on increased financial, technological and human resources. Appendix 1 for MDG Progress Matrix Challenges and Obstacles In recent years the current global economic recession has resulted in the Government of Jamaica facing increasing challenges in implementing its social policies. This crisis has been compounded by an already fragile economic performance, which has affected governments fiscal position, severely limiting budgetary support for several of its programmes. The social impact of the current crisis, though not yet fully documented, is currently being felt and already it threatens to impact negatively on achievements and gains made over the years. For example, there have been several well-developed plans and policies which would assist in making a positive difference in the lives of children that are not able to receive the required funding to ensure implementation. Other key threats to Jamaicas progress in social provisioning for children include crime and violence and naturals disasters. The issue of violence in homes, schools and communities still threatens the right of children to a safe environment. Jamaica had a murder rate of 60 per 100,000 persons in 2008.4 Over a one-year period 110 children were murdered causing much concern and prompting the development and implementation of a plethora of initiatives aimed at providing increased protection for children. The data shows that children are also perpetrators of violent crimes. Natural disasters - Jamaica is highly vulnerable especially to hurricanes and flooding, which have impacted Jamaica with unusual frequency in recent years. As Jamaica lies in an earthquake-prone area and has been affected by major earthquakes in the past, there is a high level of sensitization by way of public education about earthquake occurrence. In a 2005 World Bank ranking of natural disaster
2

Planning Institute of Jamaica (PIOJ) for the UN Economic and Social Council Annual Ministerial Review, July 2009 adjudged that Jamaica was making good progress in eight out of the 14 MDG targets for 2015.
3

Gender equality is assessed male under-performance in education and the enigma of a higher rate of unemployment for women, despite their educational gains.
4

Economic and Social Survey of Jamaica, 2008

13

hotspots, Jamaica ranked third among 75 countries with two or more hazards, with 95% of its total area at risk. 5 Between 2004 and 2008, five major natural disasters (hurricanes and flood rains) caused damage and losses estimated at US$1.2B. These have had significant impact on human welfare, economic activities, infrastructure, property losses and natural resources. While acknowledging the progress made it is evident that there is still a great deal more work to be done for children in Jamaica especially in areas such as: Developing and strengthening public institutional capabilities, by adopting the rights-based approach to policy and programme development. This can be achieved through increased training of public officers, primarily those that interface with children at the various levels, so that they are able to achieve a greater level of understanding of the principles of child rights and their concomitant responsibilities. Improving the monitoring capabilities, by ensuring more stringent mechanisms and systems for the safety and protection of all children and applying sanctions and enforcing penalties for breaches when they occur. Translating existing plans and policies more swiftly and efficiently into concrete action thus maximizing the benefits to children, in their homes, schools and communities. Sensitizing and educating key decision-makers (judges, lawyers, policy makers) in the various public and private processes to maximize the use of the CRC and ensure that they work in the best interests of all children. Reviewing the Child Care and Protection Act 2004 to address emerging gaps, which are now evident after five years of implementation. Encouraging greater child participation where children are provided with opportunities to truly make a difference by influencing decision-making as well as the direction of policies and programmes for their own development.

Vision 2030 Jamaica - National Development Plan The Government of Jamaica, in collaboration with the private sector and civil society, has prepared a long term National Development Plan: Vision 2030 Jamaica. The Plan envisages Jamaica reaching developed country status by 2030. It introduces a new paradigm, redefining the strategic direction for Jamaicas development. The old paradigm for generating prosperity was focused on exploiting primary resources - sun, sea and sand tourism - and exporting basic agricultural commodities and minerals. Recognising that this focus has not created the levels of prosperity required for sustained economic and social development, the new route therefore is for the development of the countrys higher forms of capital the cultural, human, knowledge and institutional capital. The Plan will be implemented through 3-yearly Medium Term Socio-Economic Policy Frameworks (MTFs), which will be supported by a results-based monitoring and evaluation mechanism that establishes specific targets and indicators to track performance. While there are no specific child-focused targets, there are specific goals and strategies in the various sector plans, in particular those related to health, education and the establishment of social safety nets that would ultimately benefit children. The vision statement itself- Jamaica the Place of Choice to Work, do Business and Raise Families - illustrates the commitment of the Government of Jamaica to the family as the foundation institution of the society.
5

(World Bank, Natural Disaster Hotspots: A Global Risk Analysis. Disaster Risk Management Series #5 (World Bank, 2005).

14

Methodology employed in Preparation of Report This report was written under the auspices of the Child Development Agency. The CDA appointed a Coordinator who led the process of preparing the Report. A Technical Guidance Committee comprising persons with technical expertise within the various Government agencies that interface with children was established. They worked closely with the Coordinator to assist with data-gathering and the presentation of information related to the various Themes outlined in the Report. A combination of methodologies was employed to gather the relevant data. This included the development and administration of a questionnaire, which was designed using the new UNCRC Guidelines for the Preparation of Progress Reports. This was followed by interviews and thematic discussions with twenty-five (25) stakeholders including persons in charge of the relevant agencies. In addition, secondary data was collected from a wide range of sources, including the NGO community. The draft report was then circulated to key stakeholders in government and the NGO community who validated the information and provided vital comments. National consultations were then conducted with stakeholders including children, across the island to garner wider feedback and collect additional data towards the preparation of the final report. Approximately fifty (50) adults and four hundred and seventy five (475) children participated in these consultations. These numbers include representatives from the NGO community. Children and Youth Involvement The involvement of children and youth provided an opportunity to hear their concerns directly from them, and to find out how they felt about the promotion of child rights in Jamaica. These consultations targeted children from a wide cross-section of the Jamaican society. The Process 1 The various Themes highlighted in the report were converted and presented in child-friendly language and methodologies 2 A child-friendly atmosphere was also created so that children felt free to express their views without concern for consequences 3 To ensure that all the children had a common understanding of child rights, a preliminary session revisited the most important elements of the CRC via fact sheets and other such brochures The Consultations Consultations were conducted over a two-month period with a total of four hundred and seventy five (475) children. Participants included children from both rural and urban Youth Clubs, Childrens Homes, Primary and Secondary schools, violence prone communities, and from groups associated with NGOs. The consultations were conducted in a variety of settings such as classrooms, libraries and parks, pulling the children together wherever they gathered naturally to ensure that they were comfortable. Two hundred and fifty three boys (253) and two hundred and twenty two (222) girls in the age range eight (8) to eighteen (18) years participated. The children provided a great deal of information, insight and recommendations, some of which have been incorporated into the body of the report in the relevant thematic areas.

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1. GENERAL MEASURES OF IMPLEMENTATION

Convention on the Rights of the Child: Article 4: All appropriate legislative, administrative and other measures to be taken re implementation of the Convention Article 42: Conventions principles and provisions to be made widely known to adults and children Article 44. 6: State reports under the Convention to be made widely available to the public Status of Optional Protocols to the Convention

1.1. Legislation * UNCRC Recommendation #8

The Committee recommends that the State urgently take all the necessary measures to expedite the adoption of the draft of the Child Care & Protection Act and provide human and financial resources for its full and effective implementation. The State is also encouraged to consider in this respect that the new legislation should cover the rights of children rather than solely protection provisions and to ensure that all rights of the child are part of the national legislation.
* Concluding Observations (2003) 7 & 8

The Government of Jamaica took seriously its commitment to provide legal protection for children. As a result the comprehensive review of domestic legislation, many years in the making, culminated in the enactment of the Child Care & Protection Act (CCPA), which became effective April 1, 2004. Efforts were made to incorporate into this landmark legislation the principles of the Convention as suggested by Recommendation # 8 of the UNCRC Concluding Observations. The Act has done much to strengthen the care and protection system for children in Jamaica as, in addition to being the focal point of decision-making, it has introduced new standards for their treatment. It brings under one umbrella, measures previously embedded in the now repealed Juvenile Act, as well as provisions from many other pieces of legislation. Another feature of the Act is its focus on the primacy of the family and other close relationships. It clearly outlines parental as well as State responsibilities for protecting the rights of children along with penalties applicable for failure when these occur. It also creates new offences to minimize the exposure of children to a variety of elements detrimental to their development and well being. Despite the fact that there is no mention in the Act of specific provisions for children with special needs, such as children infected by HIV and AIDS or children with disabilities, no child is forgotten as the Act applies to every single Jamaican child regardless of colour, status, religion or class. The CCPA makes specific provisions for the establishment of three important entities for the protection of children6; the Childrens Advocate, the Childrens Registrar and Childrens Registry and the Childrens Court specified in the Act as follows: 1. Section 4 (1) For the purpose of protecting and enforcing the rights of children, there is hereby established a commission of Parliament which shall be known as the Childrens Advocate. 2. Section 5 (1) For the purposes of this Act there shall be a Childrens Registrar and a Childrens Registry 3. Section 71 (1) The Minister responsible for justice shall cause to be established courts to be known as Childrens Court, which shall be constituted in accordance with the Third Schedule and when so constituted and sitting for the purpose of exercising any jurisdiction conferred on them by this or any other enactment shall be deemed to
6

Child Care & Protection Act, 2004 Sections 4, 5, 71

16

have, subject to the provisions of this Act, all the powers of a Resident Magistrates Court and the procedure in the Childrens Court, subject to the provisions of this Act, shall be the same as in the Resident Magistrates Court.

These agencies are now firmly established and have put in place systems to ensure compliance with international standards and to respond to breaches when they occur. The functions of these new agencies will be elaborated upon later in the report. In addition to the Child Care and Protection Act several other pieces of legislation target children. Within the absence of any mechanism or way of determining the degree to which various pieces of legislation speak to children, the approach espoused is to outline the general provisions and scope of recent legislation as well as regulations thought critical to the welfare of children. They are as follows:
The Child Pornography (Prevention) Act 2009 was enacted in October 2009, making commercial sexual exploitation of children a distinct criminal offence. The Act applies to the production, possession, importation, exportation and distribution of child pornographic materials with penalties of up to 20 years imprisonment and fines as high as $500,000. It also aims to criminalize the production, importation, exportation and distribution of child pornography as well as the use of children in such activities. The Act will ensure protection for children who are the primary victims. Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007 became effective in May 2007. The Act is in keeping with Articles 19, 32, and 34 of the CRC and proscribes the trafficking of persons, including children. This Act underscores the Governments commitment to preventing and punishing the crime of Trafficking in Persons. Childrens Home Regulations 2005 - These Regulations were passed in the House of Parliament in June 2007 and are aimed at giving the government agency with responsibility for children the necessary regulatory powers to monitor and initiate action on all privately operated childrens homes and places of safety in the child protection sector who are not in conformity with the laws and standards of care operations. Such actions can result in revocation of a license. Victims Charter 2006 seeks to correct imbalances between the protection of the rights of offenders and the human rights of victims. The Charter includes: a) the compensation of victims, with state responsibility for funding any proposed compensation scheme, b) the protection of children and other vulnerable groups within communities, by the state c) an understanding of the causes of and domestic violence as well as volunteerism in Victim Support within communities. The Maintenance Act was amended in 2005 to confer obligations on spouses to maintain each other during marriage or common-law union. The amendments also conferred obligation on parents to maintain their children, and children when they become adults to maintain parents. It also covers maintenance of unborn children. In addition, it provides for the protection of the child in the family as well as the adopted and stepchild. Early Childhood Act 2005, Early Childhood Regulations 2005, and the Early Childhood Commission Act 2003 are three key pieces of legislation that have also been enacted over the period. Together these laws and regulations attempt to regulate this critical area of the education sector, which was previously ad hoc and inequitable in its development. The Domestic Violence Act 2004 continues to be used as a means of redress for women and children. It provides occupation, protection and ancillary orders for victims of domestic violence. The Act also makes special provision for women involved in residential and non-residential relationships. A third party on behalf of an abused woman may now initiate proceedings under the Act and damage to property has now been recognised as a form of domestic violence.

17

Sexual Offences Act 2009 was enacted in the House of Representatives in September 2009. It seeks to provide for a statutory, gender-neutral definition of rape, abolish the common law presumption that a boy under fourteen (14) years of age is incapable of committing rape or other offence of vaginal or anal intercourse, and to increase the penalty for incest while widening the categories of prohibited relationships. Section 16 addresses sexual grooming, sexual touching or interference involving another adult or child. Part 4 of the Bill is dedicated to children (under 16 yrs.). It outlines responsibilities of householders with children in their care, and the abduction of a child. This Bill serves to repeal some provisions in the Offences Against the Person Act, and address these more comprehensively, while outlining a whole range of sexual offences

The Proposed Evidence (Amendment) Bill 2009 will seek to provide for the protection and security for
vulnerable witnesses (including children) giving evidence before a court by allowing them to do so via video link. This will allow children who are victims of certain crimes or who are witnesses to certain crimes to give evidence without being required to appear in court to face the offender.

A Proposed Cyber Crimes Bill has also been drafted and is currently being considered. The Bill will complement legislation on child pornography and will protect children from cyber crimes. The legislation will provide for legal sanctions for the criminal misuse of computer related data and other unauthorized access in general. Occupational Health and Safety Bill This Bill will among other things incorporate policies related to children who are victims of economic exploitation and is also proposed as a means of protecting persons from the practice of screening for HIV and AIDS as a prerequisite for employment.

1.2. Co-ordination *UNCRC Recommendation #10

The Committee recommends that the State party establish one identifiable governmental body e.g. a Policy Authority for the co-ordination of all activities regarding the implementation of Convention with strong mandate, sufficient human and financial resources to carry out its coordinating role efficiently.
*Concluding Observations (2003) 9& 10

The Government has not yet established one identifiable governmental body for the co-ordination of all activities relating to implementation of the Convention on the Rights of the Child as recommended by the Committee. It has however put in place an articulated mechanism comprising the following: The Office of the Childrens Advocate (OCA) established as a commission of Parliament for the purpose of protecting and enforcing the rights of children(CCPA Section 4 (1)) The Office of the Childrens Registry (OCR) established by Section 5 of the CCPA. The Child Development Agency (CDA) established as a service provider for child development and children in need of care and protection.

The Child Development Agency now has the responsibility to develop comprehensive strategies for the implementation, coordination and regulation of national policies and programmes that promote the rights, welfare and wellbeing of all children and to meet the Governments obligation to international standards for children. The establishment of such an agency has reduced the level of fragmentation and brought a more systematic child-focused approach to dealing with the issues of children. Upon interpretation of the Child Care and Protection Act 2004, the Minister of Health is seen as the Minister with ultimate responsibility for all Jamaican children, including children who are in conflict with the law and 18

who are housed in correctional facilities for children (Section 76 (1) (f) of the Act). Additionally, under the Corrections Act, the Minister of National Security is also responsible for the welfare of children in conflict with the law who are housed in correctional facilities for children. (Details regarding the operations of the CDA are dealt with under Theme 5 Family Environment and Alternative Care). 1.3. Independent Monitoring Structures * UNCRC Recommendation #12
The Committee recommends that the State party: Establish independent and effective mechanism via office of Child Advocate in accordance with the Paris Principles and General Comment #2 Seek technical assistance from any other UNICEF and OHCHR Consider re-acceding to First Optional Protocol and to the International Covenant on Civil and Political Rights
* Concluding Observations (2003) 11 & 12

Office of the Childrens Advocate The Government, in an effort to promote self-monitoring and fulfill its commitment to ensuring the best interests of children, (art.3 (1) and GC#27) followed through with the establishment of the Office of the Childrens Advocate (OCA). This important monitoring body was established in 2005 as a commission of Parliament as outlined in Part I Section 4 (1) of the Child Care & Protection Act with a Childrens Advocate (CA) appointed in January 2006. The office is required to act as an independent human rights institution promoting and ensuring the implementation of the Convention and advancing the realization of childrens rights in Jamaica in accordance with the Paris Principles8. The responsibilities of the OCA are stipulated in the first schedule of the Act as follows: 1. The OCA may in any court or tribunal bring proceedings, other than criminal proceedings, involving law or practice concerning the rights and best interests of children 2. Keep under review the adequacy and effectiveness of laws and practices relating to the rights and best interests of children 3. Keep under review the adequacy and effectiveness of services provided for children by the relevant authorities 4. Give advice and make recommendations to Parliament or any Minister or relevant authority on matters concerning the rights or best interests of children. This may be upon the request made by Parliament or other relevant authorities, or as the CA considers appropriate 5. Take reasonable steps to ensure that children are aware of the functions and location of the OCA. Also ensure that children are made aware of the ways in which they may also communicate with the CA.

7 8

GC#2 Promotes the role of independent human rights institution in the promotion and protection of the rights of the child Principles relating to status of national institutions for the promotion and protection of human rights (The Paris Principles), General Assembly resolution (Dec 1993)

19

6. Take reasonable steps to ensure that the views of children and persons having custody, control or care of children are sought concerning the exercise by the CA of his or her functions 7. The CA may provide assistance (including financial assistance) to a child in making a complaint to or against a relevant authority 8. The CA may conduct an investigation into a complaint made by a child, his/her parent, guardian or any other individual who has the childs best interests in mind 9. The CA may after consultations with relevant bodies issue guidance on best practice in relation to any matter concerning the rights and best interests of children 10. The CA may intervene in any proceedings before a court or tribunal, involving law or practice concerning the rights and best interests of children 11. The CA may in any court or tribunal act as a friend of the court in any proceedings involving law or practice concerning the rights and best interests of children Achievements of the Office9 The Office of the Childrens Advocate (OCA) in an effort to fulfill its mandate to protect and enforce childrens rights has represented children at different levels of the Court system. During the period February 2006 to March 2009 a total of 1088 complaints were made to the OCA on the infringement of the rights of children. Of this amount 562 were slated for investigations and approximately 500 referred to relevant agencies. A total of 347 cases were fully investigated and investigations are on going for the others. A total of 122 children were represented in the Court System at various levels. Successful bail application was made for approximately 32 children and legal representation sought for approximately 15 children who were in conflict with the law. At the Supreme Court level, interventions were made on behalf of child witnesses and children in Police lock ups. In addition to representing children, the OCA also observed proceedings on behalf of child victims and on request, leads evidence for the crown on behalf of a child complainant. Representations have been made with respect to the placing of children in appropriate living environments. In addition, more than thirty (30) children who had been asked to leave were returned to school. During the period April -December 2009 there were six (6) arrests made and three (3) disciplinary procedures enforced as a result of investigations and reports received by the OCA. Policy Advice and Legal Opinion In carrying out its mandate, the OCA also visited institutions which provide services for children such as the Family and Childrens Courts, Remand Centres, Correctional Institutions, Hospitals, Schools and other educational institutions and Childcare facilities.

Report from Office of the Childrens Advocate

20

Table 1.1 Number of Visits made to Institutions for Children February 2006 to March 2009
INSTITUTIONS Child Care Correctional Educational Police Lock Up Health
*Approximation

TOTAL 57 21 50* 29 4

Based on reports submitted, one Place of Safety and one educational institution were closed and two Childcare institutions repaired and refurbished. The OCA also provided legal opinions/services to the relevant authorities on issues such as: Flogging in Jamaica pursuant to the Child Care and Protection Act, the Education Act and the Education Code. This contributed to the policy decision to ban corporal punishment in public institutions. The medical treatment of children without parental consent The OCAs intervention under such circumstances contributed to medical interventions, which saved the lives of two (2) critically ill children who may otherwise have died as a result of religious and cultural beliefs.
The Trafficking in Persons (Prevention, Suppression and Punishment) Act, which became effective on March 1, 2007 Curtailing the involvement of children soliciting contributions on the streets on behalf of their schools or

clubs. The provision of Reproductive Health Services such as the use of contraceptives for girls below the age of consent. The participation of children in public street demonstrations alongside adults, which resulted in, a policy decision by the Ministry of Education. (Children were involved in consultations around this issue and their inputs assisted the Government in making a decision to take steps to discontinue this practice). The promotion of the rights of children to have their biological fathers name on their birth certificates.

Providing Advice to Relevant Authorities. The OCA also made reports or submissions to relevant authorities as listed in Table 1. 2.

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Table 1.2 OCA Reports to Relevant Authorities

Child Rights Issues Threats to the rights of the child and failure to maintain local and international standards in Child Correctional Institutions and children in adult lockups. Child Abuse in Child Care Institutions Inadequate facilities and programmes Lead Poisoning of children Availability of drugs for children under the National Health Fund Child Abuse Mitigation Programme for Bustamante Hospital for Children Services for Adolescent Mental Health Children in the Justice System Justice Reform Task Force Child Development Agency Ministry of Justice Relevant Authorities Department of Correctional Services Ministry of Justice Ministry of National Security Ministry of Health Child Development Agency File sent to Prosecutions the Director of Public

Ministry of Health

Consultations and Public Education Over the period, the OCA also did over 300 public awareness seminars and presentations. These included visits to educational institutions, communities, NGOs, childcare institutions and juvenile correctional institutions. Approximately 14 consultations were held with children, teachers, church leaders and principals. The Childrens Advocate has delivered lectures at Institutions of Higher Learning, the Police Training Academy and the Correctional Service Training Institute. Constraints The Office of the Childrens Advocate is grossly under-resourced which limits its capacity to implement many of its targeted objectives and programmes. Another pressing issue is the continued lack of clarity regarding the mandate of the OCA despite the public education campaign funded primarily by UNICEF. This lack of clarity has led to some role confusion as well as unrealistic expectations. A more sustained and focused public education campaign is needed to build understanding of the role of the OCA in relation to other monitoring mechanisms in place for the protection of children.

The Office of the Public Defender The Office of the Public Defender has general oversight responsibilities for protecting the rights of children as citizens as outlined in the Public Defender (Interim) Act, 1999 which states, Where the complainant is a minor [under the age of 18 years], the complaint may be made by his parent or guardian or any other suitable 22

person; This ensures that children are not excluded from protection. In defense of rights, the duty of the Public Defender is to investigate allegations of injustice, which flow from administrative action of the State, or its agents as well as the abuse or infringement of Constitutional guarantees. Civil Society Monitoring Bodies There are several civil society organizations that were strident independent monitors of the situation of children in Jamaica over the reporting period. Among them the following: The Jamaica Coalition on the Rights of the Child (JCRC)

The Jamaica Coalition on the Rights of the Child is an NGO coalition with a membership of 14 individuals and organizations who have been strong advocates for children in Jamaica by focusing attention on the range of issues that threaten their survival, development and protection. Members include organizations such as; Children First, Hope for Children Development Company, Jamaica Association for the Deaf, Jamaica Association for Persons with Mental Retardation, Youth Opportunities Unlimited, SOS Childrens Village, Jamsave, Red Cross. Through its membership the coalition sought to empower the various target groups including children through education and training and the production and dissemination of a wide range of publications on child rights. It also lobbied for new and improved policies, programmes and legislation for the protection of children. The enactment of the Child Care & Protection Act (2004) is seen as a major achievement of such effort and commitment. Funding the organizations activities in the usual manner has become a serious challenge and has greatly decreased the level of activities. The organization is therefore using the time to develop a new strategic plan with goals and strategies for implementation over the next five years. Goals include focusing some attention on low cost activities in partnership with localised support groups in areas where important benefits can be realised. Up to 2007 the JCRC was engaged in development activities as well as the following: Advocating for changes in the legislative framework through which childrens rights are protected Promoting alternatives to corporal punishment, as a mechanism for reducing violence against children Promoting rights-based approaches to parenting, care-giving and delivery of services to children Advocating for increased social investment for children, particularly those who are excluded or vulnerable Developing long-term initiatives that facilitate child participation in governance and selfadvocacy Infusing rights-based perspectives into the early childhood, primary and secondary education systems as well as childrens clubs at the school and community level

Jamaicans for Justice

Jamaicans for Justice (JFJ) is a non-profit, non-political citizens rights organization founded in 1999. The protection of the rights of children in Jamaica, particularly those in the nations places of safety and childrens homes, has become an issue and concern for JFJ since 2003. They have worked in conjunction with other NonGovernmental Organizations (NGOs) to monitor and document the situation of Jamaicas children in both State and privately run childrens homes with the hope that highlighting their problems and making suggestions for changes will ultimately improve the protection provided by the agency to the wards of the State.

23

Jamaicans for Justice have issued a series of very critical reports about the conditions of private and state-run children's homes and places of safety. In response, the Government of Jamaica has made efforts to address these problems by instituting new policies and procedures to manage critical incidents in child care facilities. The JFJ, not satisfied that enough was being done, prepared and presented a report in 2006 regarding conditions in Jamaicas Childrens Homes and Places of Safety to the Inter American Commissions on Human Rights. Subsequent follow-up reports were submitted in 2006 and in 2009 following a fire which caused the deaths of seven children at a Correctional facility for girls. This matter will be elaborated upon further under Theme 7, Special Protection Measures. Hear the Childrens Cry Committee

Hear the Childrens Cry Committee is a vocal civil society advocacy group. Since its launch in 2002 it has not only highlighted the wide range of issues affecting children but has also called attention to the complexity of these issues. They partner with various groups to prompt action towards improving the situation of children in Jamaica. Since 2008 much attention has been focused on the growing challenge of missing children and has played a lead role in the development of the Rapid Response programme called Ananda Alert. This response programme is elaborated further under Theme 4: Civil Rights and Freedoms. Independent Jamaican Council for Human Rights (IJCHR)

The Independent Jamaican Council for Human Rights (IJCHR) is the oldest non-governmental organisation in the English speaking Caribbean. It was first incorporated under the name Jamaican Council for Human Rights on December 10, 1968, the twentieth anniversary of the signing of the Universal Declaration of Human Rights. In 1998 it was re-incorporated under its present name. Over the past forty years the Council has advocated for Constitutional and legislative reform in several areas that fall within its remit. The Council is well known for its advocacy for the abolition of the death penalty and for championing the rights of persons who are abused by the state. It is less well known that the Council has also worked to champion the rights of women, children, the disabled, workers, and victims of crime. They have produced brochures and booklets and held several public fora, workshops and training seminars in order to educate the Jamaican populace about their rights and to assist them to defend those rights. It conducted a series of public educational activities on the CRC for primary schools. Through their advocacy and public education activities these NGOs have assisted in guiding the direction of government policy for the promotion and protection of the rights of children in Jamaica. This has been accomplished through consultations with the GOJ on a range of critical issues as well as leading public debate on specific concerns about the protection of children. In this regard, the NGOs have been valuable partners to the GOJ in shaping the agenda for children.

The Status of Optional Protocols to the Convention

The International Covenant on Civil and Political Rights Jamaica is a party to the International Covenant on Civil and Political Rights and in compliance with its

obligations under this Covenant, submitted its Third periodic report in July of 2009. In respect of the First Optional Protocol, there has been no policy decision on Jamaicas re-accession to the Protocol.

24

1.4. National Plan of Action *UNCRC Recommendation #14 The Committee encourages the State to develop clear and comprehensive child rights policy in new NPA
* Concluding Observations (2003) 13 &14

What began as the new National Plan of Action for Children mentioned in Recommendation #14 of the Concluding Observations evolved over time as a National Framework of Action for Children (NFAC). When completed, this Framework will represent a more comprehensive national strategy rooted in the Convention and developed through broad based consultation. It will bring together within a single framework document the broad strategies contained in sector-based plans of action relating to the rights and welfare of children. While commissioned to address the goals of the World Fit For Children (WFFC), the NFAC has also been influenced by other international conventions and guidelines pertinent to childrens rights, particularly those that came into effect while the Framework was being developed. The latter category includes the International Labour Organization Conventions 138 and 182 on the Minimum Age for Employment and Elimination of the Worst Forms of Child Labour respectively, both of which were ratified by Jamaica in 2003; as well as the far-reaching and progressive developments under the Declaration of the UN General Assembly Special Session (UNGASS) on HIV and AIDS. The Framework will also highlight major developments in the policy, legislative and institutional framework indicative of the governments commitment to the survival, development and protection of Jamaicas children. The process of developing the NFAC began in 2002, and represents the integrated deliberations of several agencies that participated in a multi-sectoral Steering Committee. Sub-committees were formed and each assigned responsibilities for specific aspects of the proposed framework such as: budget, information, education and communication, as well as the four goals of the WFFC, namely; healthy life, providing quality education, protection against violence and combating HIV and AIDS and a fifth category referred to as living environment was added. An initial draft was completed in 2004 and put through an extensive process of public consultation, to gain wider perspectives and stakeholder insights. By 2006, it was thought necessary to conduct a thorough revision to take into account the range of legal, policy and programmatic developments made within the childrens sector during 2004 to 2006. The Framework has outlined the following six (6) priority areas and goals in keeping with the World Fit for Children: 1. Healthy Lives and Lifestyles - All children enjoy optimum physical and mental health and embrace healthy lifestyles. 2. Providing Quality Education - All children completing secondary level education and acquiring the skills to enable them to be prepared for livelihood, self-development and citizenship. 3. Protection against Abuse, Exploitation and Violence - The creation of a society that provides protection to those children whose protection rights have been compromised. 4. Care for Children in special circumstances - The creation of a society that provides care and protection to those children whose care and protection rights have been compromised. 5. Secure Living Environment - To foster the development of supportive families and communities that provide children with an environment conducive to their positive development and well-being. 6. Meaningful Child Participation - To foster a culture that allows for the full participation of children in social, spiritual, economic and political processes. 25

Priority Target Groups Table1.3 Table 1.3 provides an indication of the priority groups in each focal area. It must be noted that in spite of the identification of these groups for specific priority action, the NFAC speaks to the needs of all children in Jamaica NFAC Priority Target Groups
A. Health B. Education C. Protection D. Special Circumstances E. Living Environments
Insufficient green areas for play and recreation Foster care

F. Participation

Children at risk of early pregnancy, substance misuse, HIV and others STIS.

Rural children

Children living and Street Youth working on the streets Incarcerated mothers Victims of trafficking Foster care Children in institutional care (children homes, places of safety, correctional or other) Children at risk of juvenile delinquency

Children not affiliated

Underserved rural children

Boys, especially in poor rural areas

Victims of abuse

Children living on the streets Exposed to natural or man-made disasters Children living alone or with siblings

Children with disabilities

Exposed to the worst forms of child labour At risk for abuse Children in institutional care Out of school children.

Children infected and affected by HIV/AIDS

Adults influential in childrens lives and responsible for the implementation of children focused health activities

Teen mothers Children with special needs Children in institutional care Children with disabilities

Children in violence prone communities

Rural disadvantaged children

Single-parent households headed by children

Younger children Unattached children

Children exposed to domestic violence

Children in conflict with the law

Unsafe housing, water or air quality

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1.5. Data Collection

*UNCRC Recommendation #16

The Committee encourages the State party to continue to strengthen this data collection system, which includes important health indicators such as: infant, under 5, and maternal mortality rates ensuring timelines and reliability of qualitative/quantitative data. Use of information in the formulation of policies and programmes for effective implementation of CRC
* Concluding Observations (2003) 15 & 16

In an effort to consolidate data management for the monitoring of social and economic indicators Jamaica has adapted DevInfo 10 to create JAMSTATS. JamStats is a comprehensive database capturing a wide range of social and economic indicators used to monitor the countrys progress. It has brought together data which previously existed in separate publications and diverse institutions, making data retrieval especially for multiple time periods more accessible. The aim is provide a reliable and current data source on children in Jamaica that is available both locally and internationally. Currently the JamStats database system has been institutionalised into the operations of the Ministry of Education and the Jamaica Constabulary Force. At least three personnel from the CDA were introduced to the core elements of use and administration of the package. Key technical personnel from the other two agencies have also been sensitized. All government bodies have embarked on initiatives to strengthen existing data collection and management processes along with the introduction of new technology, which now guides data mining and informs reporting, planning and decision-making. The Child Development Agency has also begun a process of identifying an electronic solution to guide its overall operations. In the interim, the Agency has established Children in Care census database comprising basic demographic data on each child in the child protection system. Data collection and reporting will be vastly improved once all government ministries, agencies and bodies begin to use the Jamstats database. The JamStats database stores the most critical indicators of economic and social development. It also enables the posting of sub-national data sets, such as specific surveys and research studies. The indicators in the database continue to be selected on the basis of the need to monitor national, regional and international goals. JamStats 2008, the latest update of the database includes information on 163 indicators and 1,064 corresponding data points across 8 sub-sectors, including demography, economy, education, environment, gender equity, health, information and communication and national security. The JamStats Secretariat, which has direct responsibility for the institutionalisation of the database, continues to host sensitisation sessions using various fora. These include hosting booths at varied events, engaging various ministries and agencies (NGOs included) concerning the capabilities of the database and the value it offers and also through its School Implementation Program (SIP) which sees to the training of students and teachers in the use of the database. The JamStats website was launched simultaneously with the 2008 database. The website provides information about the JamStats initiative, as well as strides being made in promulgating its impact throughout the island and beyond. Finally, visitors to the website are able to query the database and further become familiar with its value
10

DevInfo - software developed by UNICEF to capture and present data on indicators on the well being of the child.

27

and the information that is available. It is therefore used to inform policy making within organizations, enhance the effectiveness of reports or projects presented by students at the secondary and tertiary levels and also to inform those members of the public who see the need to arm themselves with such worthwhile information as is found there. The Jamstats Steering Committee, through the Secretariat, continues to forge new partnerships within various sectors to increase and improve the volume and quality of the data presented in the database. In addition, there is a drive to encourage data producers to adapt the database for use in their organizations to increase its reach to the members of staff within those organizations, as well as increase the effectiveness of the data reporting to the JamStats database. Finally, the DevInfo developers continue to provide updates to the design of its database, and consequently the JamStats database will remain current in offering the benefits of those upgrades to its users. While Jamaica is noted for its highly developed data driven social and economic policy monitoring systems, it continues to have gaps in its overall data collection apparatus. Data is generally collected cross-sectionally, making its use to target specific interventions difficult. Expanded data collection systems, which allow for identification of specific areas of need is necessary to successfully address some critical issues.

1.6 Resources for Children *UNCRC Recommendation #18

With a view to strengthening its implementation of article 4 of the CRC in terms of the allocation of resources the Committee recommends that the Government prioritise budget allocations to ensure implementation rights of children, to the maximum extent of available resources and where needed within the framework of international cooperation
* Concluding Observations (2003) 17 &18

Every financial year the Government of Jamaica together with its international development/funding partners identify and fund programmes and services geared towards improving allocations towards achieving important child-related goals. Ten years of budget analyses, Whats in the Budget for Children11 revealed that social services typically accounts for less than one-fifth of the national budget. Efforts are made to increase this spending on services for children. There are difficulties associated with this however due to a number of financial and economic stringencies and constraints facing the government. It is difficult to evaluate the full impact of budgeted programmes, plans and policies. However indicators such as improved mortality rates, increase in persons accessing social support services and health programmes, increase in reporting and dealing with child abuse, increase in the number of children returned to their homes from alternative care gives some assurance of success. The Government of Jamaica through its planning arm the Planning Institute of Jamaica (PIOJ) established a Social Investment for Children Initiative (SICI) in 2004. The SICI Working Group is comprised of public sector agencies, the University of the West Indies, JCRC and other NGOs with UNICEF as the driving force. A review of budget documents and financial records for the period 2003-2006 commissioned by SICI and conducted by the Sir Arthur Lewis Institute of Social and Economic Studies (SALISES) was used to determine fiscal expenditures on services for children.
11

A special project initiated by the Jamaica Coalition the Rights of the Child (JCRC) and implemented through funding from UNICEF

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The review12 noted that some programmes such as Early Childhood and Paediatric Care are clearly designed exclusively for children but there were many however which cater to both children and adults such as National Youth Service, Libraries, Emergency (hospital) Services and so on. Without a detailed audit/decomposition of these programmes it became difficult if not impossible to estimate the share of expenditure on programmes specifically for children. A crude estimation concluded that more than 16% of recurrent expenditure and a little less than 1% of total capital expenditures are targeted to children at the various stages of their life-cycle primarily in the forms of educational and health services. This is equivalent to 10 -11% of the total fiscal resources.

Table1.4 Real Budget Expenditure on Children 000 J$ (Constant Value in 1996 dollars) Fiscal Year Budget Expenditure on Children 2003/04 (actual) 14,380,558.07 2004/05 (revised) 13,301,991.43 2005/06 (approved) 12,019,067.07

Source: Witter 2006, based on Estimates of expenditure, as presented to House of Representatives, 31 Mar 2005 Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goal

Since the establishment of this partnership between NGOs, UNICEF and the Government much has been achieved especially in the area of capacity building for staff in the various agencies. Forty (40) persons including young persons and policy makers were trained in budget analysis and advocacy with assistance from South African experts. The introduction to participatory budgeting has done much to demystify the intricacies of the budget process. In addition, Jamaica was among the first countries if not the only country to date to successfully introduce a post-graduate course in Social Investment for Children at the university level, now in its third year. Bilateral and Technical Assistance The GOJ receives funding from some key bilateral partners such as the World Bank, The Inter-American Development Bank (IADB), USAID and UNICEF to finance its programmes for children. This financial assistance is available both in the form of grants and loans. The World Bank has provided the GOJ with a loan of J$2.6b to implement the Social Protection Project 20082013, the primary focus of which is to increase the conditional cash transfer (CCT) received by poor families with children. The IADB is supporting the government in its education transformation efforts and USAID continues its work in literacy improvement in some of Jamaicas lowest performing schools to strengthen literacy and numeracy. Expectedly, UNICEFs Country programme in Jamaica supports several initiatives focusing exclusively on children and the realisation of childrens rights to survival, development, protection and participation13. This
12

Invest in Our Children Build Our Nation - A Review of Economic and Social Investments for Jamaican (2007) 13 UNICEF: Mid-Term Review Report: 2007-2011 Country Programme of Cooperation, GoJ/UNICEF.

Children Witter

29

is done, inter alia, via the strengthening of implementing capacities through the provision of technical assistance to key GOJ agencies where requested. This technical assistance has primarily been in the areas of: 1. Advocacy, Public Policy and Partnership: to strengthen national capacity to promote and to protect child rights through partnerships, data driven advocacy, interventions to improve national social statistics systems and institutionalise child participation. 2. Children and HIV/AIDS: prevention and care 3. Child Protection: to improve Jamaicas capacity to further reduce violence, abuse and neglect of children 4. Early Childhood Development: and support for the provision of quality education and health care to protect the best interests of the child. The total funded budget for UNICEF as at December 12, 2009 was US$2,838,896 (equivalent to J$253,371,468) and the funds were allocated per programme as presented below: 1. Advocacy, Public Policy and Partnerships programme: 2. Children and HIV/AIDS programme: 3. Child Protection programme: 4. Quality Education and ECD programme: 5. Cross-sectoral/Operations programme: US$350,363 US$865,287 US$485,661 US$861,567 US$276,018

As at December 31, 2009, a total of US$2,461,252 (J$219,666,741) was obligated/spent.

1.7 Dissemination of CRC Information * UNCRC Recommendation #20

The Committee recommends that the State continue to strengthen its awareness-raising efforts and encourages the Government to undertake systematic education and training on the rights of the Convention for all professional groups working for and with children in particular parliamentarians, judges, lawyers, law enforcement officials, civil servants, persons in the correctional services, teachers and health professionals including psychologists and social workers as well as children and their parents.
* Concluding Observations (2003) 19 & 20

Various methods have been utilised by the Government to promote awareness of the principles and provisions of the Convention over the period, in keeping with CRC art. 42.14 Although there is currently no comprehensive, systematic or permanent information campaign with regards to promoting child rights, the Child Development Agency, the Office of the Childrens Advocate and the Caribbean Child Development
14

This article requests that States parties make the principles and provisions of the Convention widely known to adults and children alike.

30

Centre are the primary government agencies undertaking such training among staff members, social workers and caregivers from the various types of residential facilities. In addition to improving awareness of the CRC the Government also conducted major public education campaigns to create awareness of the Child Care and Protection Act and its tenets and the programmes of the CDA to assist in improving the effectiveness of the legislation. (see Table 1.5) Table 1.5 Child Development Agency: Public Education and Community Outreach Activities April 2004- December 2009 Years 2009/10
(As at December 31, 2009)

Number of Sessions Held 528 733 227 297 381 500 2,666

Persons Impacted 38,812 39,321 12,783 16,663 250,00015 32,726 390,305

Summary of Topics
Child Care & Protection Act Child Abuse (causes, prevention & impact on children) Mandatory reporting under the CCPA Better Parenting Practices Roles & Responsibilities of the CDA Responsibilities of children & adults in the child protection sector Convention on the Rights of the Child Best Interests principles Adoption services Living in Family Environment Programmes

2008/09 2007/08 2006/07 2005/06 2004/05 TOTAL

A number of promotional materials were also prepared and distributed during the reporting period.
2,000 copies of the CDA Directory of Services 1,000 copies of the Child Care and Protection Act 13,000 brochures on the Child Care and Protection Act 3,000 copies of the Child Care and Protection Implementation Handbook for Professionals 160,000 Child Care and Protection Act Child Friendly Handbook for children 13-17 years 35,000 of 50,000 Child Care and Protection Act Child Friendly Handbook for children 7 12 years, 6,000 Act Right Posters & Safety Tips flyers, 200 Special Edition No More Smalling Up posters, 3,000 dos and donts of Preventing Physical and Emotional Abuse brochures 4,000 flyers promoting Foster Care programme 3,000 brochures and flyers on related material on parenting, child care and protection, child abuse prevention, etc.

A series of public education programmes were pursued during the period via:
print and electronic media community based programming including presentations to civic and parent teachers association meetings.

15

Represents the increased numbers impacted as a result of public education campaign introducing the Child Care & Protection Act in 2005-2006

31

In addition, the University of Technology offers a course in child care and development, a component of which focuses on children and the law. Specific Child Rights Education and Training The Caribbean Child Development Centre (CCDC) (University of the West Indies Open Campus) through funding from UNICEF developed and initiated a training course entitled: Child Rights and Responsibilities for various professional groups. The course was piloted during 2009 with two such groups being trained. These groups included the police, social workers, childrens officers and other professionals that interface with children on a regular basis. Twenty (20) social workers and police officers and twenty-one (21) childrens officers of the Child Development Agency received training during the pilot phase. The course modules focused on the following: 1. Relevant Treaties, Laws & Policies - a brief theoretical background of human rights and child rights instruments and how they are translated into local law, policy and best practices. 2. Best Interests of the Child: Balancing Rights with Responsibilities - a guide to incorporating the principles of CRC in particular the best interests principle and child participation. 3. Practical Considerations for a Rights-based Approach in Jamaica -developing child-centred service approaches that are rooted in promoting and serving each childs best interest, taking into account the childs opinions, culture and community. 4. Meaningful Child Participation - providing participants with effective tools and techniques to facilitate child participation and support inter-sectoral initiatives including advocacy that focus on the best interests of each child. The success of the course has prompted commitments from UNICEF for its continuation. Discussions are in progress towards ultimately offering the course at the postgraduate level at the University of the West Indies. The Bureau of Womens Affairs (BWA) a government agency which targets women and girls assisted with the dissemination of information through workshops and seminars within the various ministries and a special workshop was conducted with Resident Magistrates on three main conventions: CEDAW, Belem do Para and the Convention on the Rights of the Child. The BWA also does extensive work on matters relating to childcare and protection through partnership with child rights advocates and attorneys. Civil Society Dissemination, Public Education and Child Rights Training Activities Dissemination of Information Civil society organizations have assisted by educating the population on the CRC and the CCPA. The Jamaica Coalition on the Rights of the Child through its members has led the way in this regard. Its member agencies are mandated to incorporate the principles and provisions of the CRC into their policies and programmes. Consequently activities of these agencies are always under-girded by the CRC. The JCRC has over the period provided a wide range of reader-friendly material for both adults and children on the CRC and the CCPA through funding from UNICEF and other partners. There was collaboration with the CDA with regard to dissemination of some of the information developed. Over the period the organization conducted island-wide dissemination of the following: 32

44,000 copies of Rights and Responsibilities - a practical guide for parents on the implementation of the CRC 10, 000 copies of Protecting Myself a simple book teaching children to protect themselves 12,000 copies of Teachers Making a Difference a guide for teachers in promoting the childs right to protection and outlining their responsibilities under the CCPA.

With the assistance of USAID/MSI (Jamaica) project the organization printed and disseminated:
20, 000 copies of You Have a Right to Care and Protection - a child friendly version of the CCPA 10,000 copies of What Everybody Needs to Know About the Child Care & Protection Act

The organization has prepared two (2) additional books based on the principles of the CRC but these have not yet been printed. These are as follows:
Creative Discipline alternatives to corporal punishment Child Rights in Action which chronicles the experiences of promoting child rights in primary schools across the island over a four-year period.

Education and Training The JCRC as the lead-agency also developed and implemented a wide range of public education and training initiatives over the period under review. Among them:
Accepting over 120 invitations (rural and urban) over the period under review to provide information and training on child rights and the new Child Care & Protection Act at several workshops and training sessions around the island. Categories of persons involved included personnel in Childrens Homes, Parent Teachers Associations, Professional Groups, and Service Clubs. Piloting the public education components of the Social Investment for Children Initiative Partnering with the media to publish articles on CRC as well as highlighting the many issues affecting children

Dissemination of UNCRC Concluding Observations Following the receipt of the Concluding Observations in 2003 the Planning Institute of Jamaica conducted a series of meetings with stakeholders in an effort to call attention to the concerns and recommendations of the UNCRC. In addition a press conference was conducted where copies were circulated to the media houses. Dissemination of Concluding Observations by Civil Society Agencies A total of sixteen (16) copies of the Concluding Observations were disseminated in 2003 by the JCRC through its member agencies. Nineteen (19) copies were circulated to Members of Parliament and key GoJ agencies and one (1) copy was sent directly to the Prime Minister. The Office of the Prime Minister responded promptly, which re-energized interest and attention and assisted in fast-forwarding the conclusion of the legal reform process culminating in the enactment of the CCPA in 2004.

(For additional data related to Theme 1, see Annex: Tables 1-A1 to 1-A2)

33

Box 1:

Childrens Knowledge of Child Rights

During the consultations with children, their knowledge of child rights was assessed. It was found that: The majority of children knew about child rights but less than half of them were aware of the association between child rights and the CRC. Approximately 40% of them knew about the existence of the Child Development Agency, The Childrens Advocate and the Child Care and Protection Act. Additionally, children felt that: Campaigns to promote child rights were not effective as most were one-off efforts and not consistent enough to place the rights of the child at the forefront The rights of the child should be placed in highly visible public places To create rights was easy but to enact, implement, monitor and evaluate was the hard part. In order of importance, the rights that children felt were most critical were: The right to education and development The right to participate The right to survival

Box 2:

Jamaican Children Speak about Child Rights and Responsibilities.

About Rights Most children do not know their rights

Children are not taught about their rights Parents do not like children to know about their rights Every parent should know about the rights of the child Im thinking about the rights that parents should love their children but if the child is not behaving some parents abuse the child, and beat them and things like that happen Fixing the laws wont make a difference unless the public is educated The Government is doing pretty well because other wise you wouldnt be here Government isnt doing enough, its almost as if its doing nothing The Government should use the lottery game to provide money for programmes, and for health We shouldnt blame government for not doing enough, sometimes the parents need to do more The government is not always doing a good job. Theyre borrowing too much money and we have to pay it back and they raise taxes so poor people cant buy food.

About Responsibilities
Children have the responsibility to work hard so that they can achieve their goals Part of childrens responsibility is to appreciate what theyre given Children must participate in class because its their future

34

Box 3:

CASE STUDY16 The Child Rights Awareness Building Project a successful NGO/GoJ collaborative venture funded by
UNICEF and the Environmental Foundation of Jamaica
As part of its strategic thrust the JCRC developed and initiated a special Child Rights Awareness Building project in collaboration with UNICEF and the Environmental Foundation of Jamaica over a four-year period (2002 2006). The organization established a strong three-pronged partnership with primary schools islandwide and the Childrens Officers of the Child Development Agency - the primary government agency working for and with children with officers posted in branches located in all the major towns. The aim was to develop strategic interventions that would promote more sustained change in attitudes, behaviour and lifestyles of the many individuals and groups who are responsible for the survival, development and protection of Jamaicas children. To facilitate the process the Ministry of Education gave permission for schools to participate. Schools were therefore encouraged to establish Child Rights Centres in an effort to assist in providing opportunities for increased interaction with the large number of schools across the island. The project team established hubs in schools at strategic locations from which child rights and other such information can be quickly disseminated. The project assisted in bringing a new awareness of the issues that affect our children and inspired the teachers to respond by incorporating simple child rights sub-projects into regular school activities. These projects assisted in tackling the many challenges that face the children and at the same time promoted respect for their rights as valuable citizens. In addition, it introduced teachers to their responsibilities under the new Child Care and Protection Act. Childrens Officers become an integral part of the project and as a result they were able to assist teachers more readily as new relationships developed. The influence of the project was not confined to children and teachers but extended to embrace parents, community members, and several other stakeholders. At the outset 628 teachers representing 389 primary schools and 34 Childrens Officers island-wide attended initial sensitization workshops. There were about 81 schools volunteering to become Child Rights Centres in the early stages. Of the 81 schools volunteering initially, forty-five (45) developed Action Plans around issues affecting children. The process involved each school identifying problems that are responsive to manageable solutions. Subsequently teachers were trained in problems analysis, project identification, development and implementation. A feature of implementation of projects was the partnerships between school, parents, community and diverse stakeholders. Evaluation showed that the following positive impact was achieved: Parenting practices improved as a result more parents became strong supporters of schools activities Absenteeism reduced and attendance increased by an average of 27% Several schools introduced nutritional programmes with the support of local businesses Modification to school infrastructure to accommodate programmes such as computer education, recreation and parent education. Teachers, parents and children became more aware of the CRC, the CCPA and various services available for the benefit of children through the wide range of information disseminated.

16

JCRCs Annual report-2006

35

2. DEFINITION OF THE CHILD

Convention on the Rights of the Child: Article 1- A child is every human being below the age of 18 years unless the law of the country states otherwise.

Definition of the Child * UNCRC Recommendation #22 Raise the minimum age of admission to employment to comply with international standards and undertake awareness-raising campaigns. Raise minimum legal age of criminal responsibility to an internationally acceptable age.
*Concluding Observations (2003) 21& 22

The Government of Jamaica fortified its resolve to protect the rights of the child and as a result has done much work to synchronize the various legal minimum ages and to raise minimum age of admission to employment, bringing them more in line with the Convention and with ILO Conventions 138 and 182 ratified by Jamaica in 2002. In Jamaica children account for just over one-third of the population as Tables 2.1 and 2.2 outline.
Table 2.1 Child Population 2004-2007 by Sex
Time Period 2007 2006 2005 2004 Female 449,123 457,085 464,246 471,015 Male 469,552 476,403 482,082 487,412 Total 918,675 933,488 946,326 958,428 Percent 34.30 35.10 35.70 36.30

Table 2. 2 Population: 0-19 years 2004-2007 by Age Group

Year 2007 2006 2005 2004 0-4 yr 226.4 229.7 237.5 244.30 5-9 yr 254.4 264.9 269.7 277.2 10-14 yr 278.1 277.6 277.3 276.7 15-19 yr 249.9 250.2 250.50 250.70

Source: PIOJ (2007) Social and Economic Survey of Jamaica

The Child Care & Protection Act 2004 (CCPA) introduced groundbreaking new provisions to address child labour issues. Section 33 prohibits the employment of a child under the age of 13 years in the performance of any work Section 34 subsection (1) of the Act outlines that no person shall employ a child who has attained the age of thirteen years but who has not attained the age of fifteen years in the performance of any work other than in an occupation included on the list of prescribed occupations referred to in subsection (2). This subsection also outlines the list of prescribed occupations as follows: 36

(a) consisting of light work such as the Minister responsible for labour considers appropriate for the employment of any child of the age referred to in subsection (1) (b) specifying the number of hours during which the child may work and the conditions under which such a child may be so employed Subsection (3) outlines that; no person shall employ a child: (a) in the performance of any work that is likely to be hazardous or to interfere with the childs education or to be harmful to the childs health or physical, mental spiritual or social development (b) in night work or an industrial undertaking Children 15 years and over must not perform work that is likely to be hazardous, interfere with their education, or be harmful to their health or physical, mental, spiritual or social development. They must not be employed in night work or an industrial undertaking (e.g. mining, working in a cigarette factory, manufacturing, construction or transportation of passengers or goods). Children under 18 are prohibited from working in nightclubs and establishments that sell or serve alcohol or tobacco, and from begging on the streets. In addition it is also an offence for a child to be used for an indecent or immoral purpose and to knowingly rent or allow ones premises to be used for these purposes. Children detained in correctional centres, serving community service order, or pursuing school related activities are allowed to do work that is not likely to be hazardous, interfere with their education, or harmful to their health, physical, mental, spiritual or social development. The Act in Sections 33 39 makes provision for persons who are found in violation of the law to be brought before the Courts. Violators can be charged up to a maximum of J$500,000.00 or face imprisonment for six (6) months to a year at hard labour for violation of these labour laws. One proposal under the draft Occupational Health and Safety Bill is to increase fines to a maximum of J$1,000,000.00. Nightclubs employing children are also subject to the revocation of their operating licences in addition to heavy fines. All persons are obliged to prevent child labour and report it immediately to the relevant authorities the Police, the Family/Childrens Court, the government agency responsible for children, currently the Child Development Agency; the Ministry of Labour and/or its Labour Inspectors). A person may enter into a marriage legally at 16 years of age with the consent of a parent or guardian except in the case of a widow or widower or at 18 years of age without the consent of any other person. Section 3 (2) of the Marriage Act states that: "A marriage solemnized between persons either of whom is under the age of 16 years is null and void. The National Plan of Action on Child Labour is also an outcome of the Child Care and Protection Act and is incorporated under the draft Occupational Health and Safety Bill. The age of criminal responsibility remains at twelve years for both boys and girls. Section 63 of the Child Care & Protection Act outlines that it shall be conclusively presumed that no child under the age of twelve year can be guilty of any offence

37

Box 4:

Jamaican Children Speak who is a child?

Children should be going to school 16 is too early to work A 16 year old is not ready to be working in the real world Education being compulsory until 16 is a big flaw in the law Thumbs down to criminal responsibility at 12 Criminal responsibility should be moved up to 18 or "Maybe the age should move from 12 to 16 I believe that until youre 18 and if you have committed a crime you should be sent for rehabilitation rather than to jail Children should remain children. They must wait to develop to act as adults. They must wait until they are 18 to take on certain responsibilities. Age of consent should be lifted from 16 to 18

(For additional data related to Theme 2, see Annex: Tables 2-A1 to 2A2)

38

3. GENERAL PRINCIPLES
Convention on the Rights of the Child: Article 2 Government to take appropriate measures to ensure that children are protected from all forms of discrimination Article 3- The best interests of the child must be a primary consideration in all actions affecting the child Article 12- The childs right to express freely views and opinion Article 6: The Right to Life and Survival17

3.1. Non-discrimination *UNCRC Recommendations #24 & 25

The Committee recommends that the State amend legislation including the Constitution to ensure inclusion of Article 2 with special attention paid to: - children with HIV/AIDS - children with disabilities - equality between boys and girls The Committee further requests that specific information be included in periodic report re: follow-up on the Declaration and Programme of Action adopted at 2001 World Conference against Racism.
* Concluding Observations (2003) 23, 24, & 25

Despite the many efforts, discriminatory practices still persist against certain groups in Jamaica. Included among these groups are children affected by and living with HIV and AIDS and children with disabilities. The Early Childhood Act and Regulations (2005), which applies to children under eight years old, prohibits discrimination against children with disabilities who are attending Early Childhood Institutions. Although crafted to ensure protection of children, as was said previously, the Child Care & Protection Act (CCPA) has no specific provision for children affected by or living with HIV and AIDS or children with disabilities. However it provides blanket protection for every single Jamaican child regardless of colour, status, religion or class. Awareness raising campaigns in the media have also done much to remove the stigma associated with children with disabilities and children with HIV and AIDS and to combat discrimination against them. Services for these children are usually provided by a combination of the State, NGOs and other private voluntary organisations. Despite this, children with HIV and AIDS or who have been orphaned or live in households affected by HIV and AIDS continue to face discrimination in schools and communities. HIV positive parents who do not disclose their status for fear of losing their jobs or being socially rejected, compound this issue. As a result of this non-disclosure, some of these families do not receive adequate care and support, and in some cases children drop out of school as the economic circumstances deteriorate due to illness or death of the main income earner. To assist in combating discrimination several policy initiatives have been developed. Among them are the National Policy for HIV/AIDS Management in Schools, and the National Workplace Policy on HIV/AIDS. In addition public education, in particular the recent thrust of featuring HIV positive individuals in advertising campaigns, has done much to remove the stigma associated with HIV and AIDS.

17

This principle is dealt with under -Theme 6: Basic Health and Welfare

39

The National Policy for HIV/AIDS Management in Schools In an effort to prevent any further discrimination of children with HIV and AIDS and to ensure that responses to their concerns are appropriate, timely and focused, GOJ provided leadership in the development and implementation of a policy on the management of HIV and AIDS in schools. The policy applies to all educational institutions that enrol students in one or more grades and at all levels and ensures that the rights of students and employees are protected. Among its objectives is instilling non-discriminatory attitudes towards persons with HIV and AIDS. Where discriminatory practices persist, the Guidance and Counselling Unit of the Ministry of Education intervenes and offers support by identifying alternative schools that will accommodate and continue the education of these children. Children with Disabilities Increased public education over the years has brought a greater awareness and recognition of the potential of children with disabilities and the need for support services for their families and caregivers. This awareness has helped to significantly reduce stigma and as a result discrimination has lessened. Jamaica has no current policy focusing specifically on children with disabilities, but there is a National Policy for Persons with Disabilities which by extension covers the needs of children. In 2006 the OCA received complaints from advocates for children with disabilities concerning the inability to find school places for children who were coming out of the Early Stimulation Programme at age six years. The OCA had discussions with the sector and identified the many challenges facing these children. Following these discussions thirty (30) school places were found for children at the primary level. The lack of access to educational programmes for children with special needs within their home community continues to present financial barrier for many families which result in these children being denied a formal education. Additionally, there are a number of residential childcare facilities, which provide special care for children with physical disabilities. These are predominantly private operators. Children with learning and mild mental retardation are usually accommodated in regular childrens homes and places of safety. In respect of the Deaf18 significant strides have been made in the past decade towards recognition of Jamaica Sign Language (JSL) and its vital importance to the education of deaf children. A strong partnership now exists between the Ministry of Education (Special Education Unit), Schools of the Deaf and the Jamaica Language Unit of the University of the West Indies for promoting the bi-lingual approach to Deaf Education. In addition the CRC and the Convention for Persons with Disabilities has prompted the use of the rights-based approach to dealing with the issues of children with disabilities and the management of children with special needs. As a result the development of the Policy on Special Education focuses on provisions and principles enshrined in these agreements. Gender Equality Issues Gender equality issues emerge in education where at the primary level completion rate is 97.6% for girls and 91% for boys. Overall women have a higher literacy rate than men (91.1% to 80.5% in 2007) 19 and girls outperform boys at every level of the education system. Research shows that socialization in the home along rigid gender stereotypical lines produces different educational outcomes for girls and boys. For boys, male privileging prevails whereby boys are given less tasks and responsibilities and allowed to go outside with
18 19

Interview with Iris Soutar Jamaica Association for the Deaf (JAD) UNESCO Institute for Statistics

40

limited supervision, whereas girls are given domestic chores and kept inside. Such patterns are manifested in the education system whereby girls are more prepared to handle routine and responsibility than boys 20. Additionally, the notion of the male as primary economic provider and male perceptions of the irrelevance of the education system to existing labour market opportunities (including the informal economy and illegal activity) also push young men into earning at an early age. Within the school system causes are thought to include pedagogy, the traditional bias towards academic subjects and the social stigma still attached to skills training geared to boys, and the gender bias of some teachers exhibited in more punitive measures towards boys21. Rastafarian Children Rastafarian as well as children of all the other faiths and beliefs enjoy all the rights entitled to all other children in Jamaica. On request from parents they may be exempted from participating in religious meetings in school that do not accord with their beliefs. Box 5:

Jamaican Children Speak About Discrimination

The Children felt that: As a country we were tolerant of minority groups Indians, Chinese, Arabs. As a country, Jamaica has done a good job of not discriminating against people based on religion or customary dress, hair style There was a lot of discrimination to poor people by rich people, but that the government could not do anything about that.

3.2. Best Interests of the Child (Art. 3)

* UNCRC Recommendation #27

The Committee recommends that the State ensure that the best interests principle is

reflected in all relevant legislation, policies and programmes for implementation of CRC. * Concluding Observations (2003) 26 & 27 The first of the four objectives of the Child Care & Protection Act (2004) focuses on promoting the best interests, safety and well being of children. It states clearly that the evolving capacity of the child is a factor, which should be taken into consideration in determining the childs best interests. This means if the child is of sufficient age and maturity with the capability of forming his/her views, those views are to be given due weight in accordance with the age and maturity of the child. To facilitate this, the Act creates a new freedom of expression in court proceedings.
20

Odette Parry, Male Underachievement in High School Education in Jamaica, Barbados and St. Vincent and the Grenadines, (2000);

21

Barbara Bailey, Gender and Education in Jamaica: What About the Boys?, Education for All in the Caribbean: Assessment 2006 (UNESCO monograph series).Ibid.

41

The Act also outlines clearly, what is meant by the best interests of the child in Section 2 (2) (3). Additionally in interpreting the Act, the paramount consideration is the best interests of the child which is guided by the following principles outlined in Section 2 (3) of the Act as follows: (a) children are entitled to be protected from abuse, neglect and harm or threat of harm (b) a family is the preferred environment for the upbringing of children and the responsibility for the protection of children rests primarily with the parents (c) if with available support services, a family can provide a safe and nurturing environment for a child, support services should be provided (d) where the child is of sufficient age and maturity so as to be capable of forming his or her own views, those views should be taken into account when decisions relating to the child are being made (e) kinship ties and the childs attachment to the extended family should be preserved if possible and (f) decisions relating to children should be made and implemented in a timely manner The CCPA is a comprehensive legislation covering a wide range of items, guided by the best interests principle. It highlights such elements as: the safety of the child; the childs physical and emotional needs and level of development; the importance of continuity in the childs care; the quality of the relationship the child has with a parent or other person and the effect of maintaining that relationship; the childs religious and spiritual views; the childs level of education and educational requirements; the evolving capacity of the child. the effect on the child of a delay in making a decision.

While the best interests principle is not explicitly enunciated in many laws, policies, and programmes pertaining to children, the idea is intrinsically intertwined and those agencies with a primary focus on children such as the CDA and the OCA have adopted the best interests principle as their under-girding theme. In addition, there have been several cases of judicial decisions taken regarding children, e.g. in custody applications, that utilize the best interests principle in arriving at a decision. Public education and training have also been conducted for parents, professionals and other service providers to share methods in applying the best interests principle at home, in schools and in their communities. Examples of this are the Child Rights Campaign undertaken by NGOs and workshops by government agencies such as the CDA and the Early Childhood Commission.

42

Box 6: Children speak.... always act in the best interests of the children
Parents shouldnt bring their child into a violent or otherwise unsuitable environment but should try to develop a positive environment Family environment is more than just a place to sleep Love is very important to a child because once the child is loved there is nothing that can stop them in getting a good education Make sure that the children are loved and appreciated by the people around them When parents cant take care of their children the government ought to step in Harsher penalties for the person exploiting the children, government should intervene more, better enforcement Parents should be forced to accept their responsibility

3.3. Views of the Child * UNCRC Recommendation # 29 In light of article 12 of the CRC the Committee recommends that: Childrens views to be given due consideration in courts, schools, family, relevant administrative processes and within families The adoption of appropriate legislation, the training of professionals working with and for children, information campaigns Child participation must be a feature when preparing the next government report for the UN Committee
* Concluding Observations (2003) 26 & 27

Efforts have been made over the period to ensure that the views of childrens are given due consideration in courts, schools, family, relevant administrative processes and within families in keeping with Recommendation #29 In this regard, the Office of the Childrens Advocate provides legal representation in court for all children and receives and conducts investigations into reports made by or on behalf of children. While children are allowed to give evidence in court this is subject to specific provisions of the CCPA regarding children of tender years22. The CCPA defines a child of tender years as a child under the age of 14 years and allows the court to determine whether or not young children understand the nature of the oath, have sufficient intelligence to justify reception of the evidence and understand what it means to tell the truth. This evidence though received will not convict by itself, unless other material evidence corroborates it. In addition the Act outlines the right of children to be informed in court proceedings in child-friendly language and where necessary through the use of an interpreter as is done in cases where children are deaf or hearing impaired, or where any other language barrier exists. Jamaicas accession to the Convention on the Rights of the Child has driven campaigns by both the government and NGOs which have heightened awareness of the need for child participation. As a result persons have become more sensitive and more willing to listen to the views of children. The Child Development Agency reported a 25% increase in child participation activities with roughly 40% of care and protection facilities now incorporating child representatives at staff meetings.
22

Section 20 Child Care and Protection Act

43

Jamaica now has a strong legal framework upon which to build a culture of child participation. This remains a challenge however, as traditional and cultural practices do not readily accommodate and recognise the views of the child in homes, schools and communities. Despite this, agencies of the Government, who are directly involved in service delivery for children, have embraced the principle. For example both the Child Development Agency and the Office of the Childrens Advocate have integrated childrens consultations in their strategic planning and programme implementation activities. In 2007 the Office of the Childrens Advocate conducted five (5) such regional consultations. A total of 374 participants attended. Of that number 279 were children in the age group 6 -12 years. There were 95 teachers, guidance counselors and principals. There were representatives from all 14 parishes of the island as noted in Table 3.1. At that time the children voiced their main concerns as: 1. The issue of abuse: which focused mainly on corporal punishment at home and at school. 2. Lack of rest, leisure time and recreation: which highlighted the lack of opportunities for leisure and recreation Too much study not enough breaks no time for play. Some students from rural communities reported that their schools had no play areas.
3. Crime & Violence: The children raised serious concerns regarding the impact of crime and violence,

which was affecting their schools and their ability to move freely in some of their communities.
Table 3.1 Regional Consultations Conducted by Office of the Childrens Advocate (2007)
Consultations Conducted Montego Bay Wexford Court (Jan 27, 2008) Ocho Rios Village Hotel (February 20, 2008) Mandeville Golf View (February 27, 2008) Spanish Town Arians Restaurant (March 5, 2008) Kingston Knutsford Court Hotel (March 12, 2008) Parishes Covered Hanover, St James, Trelawny, Westmoreland St Ann, St Mary, Portland Manchester, St Elizabeth, Clarendon St Catherine, Portmore Kingston & St Andrew, St Thomas Total Source: Office of the Childrens Advocate No of Children 68 Boys =28 Girls =40 58 Boys =19 Girls =39 52 Boys =23 Girls =29 54 Boys =20 Girls =34 47 Boys =16 Girls =31 279 No of Teachers 22 Total Participants 90

1.

2.

20

78

3.

18

67

4.

18

74

5.

17 95

64 374

44

Some Successful Child Participation Initiatives Implemented by Government Agencies

Childrens Management Day: In an effort to build leadership skills and qualities the management team at the Manning Boys Home coordinated a Childrens Day in 2008 where the children were given the opportunity of managing the operations of the facility for a day. The initiative assisted greatly in improving relationships between the staff and the children as well as among the children themselves. Arrangements are far advanced for the establishment of Childrens Councils in GOJ operated residential child-care facilities (Childrens Homes and Places of Safety). In addition there is a Childrens Panel that acts as an advisory group to the CEO of the Child Development Agency. Dramatization of the Child Care and Protection Act 2004: The production of a 30 minute video titled Man A YaadLawd which brings to life the message of child rights in the face of child abuse and exploitation and what action to take when one suspects this activity. This audiovisual production was created using a team of children from the Lucea Primary School and was launched during Child Month 2009. Approximately 300 copies of the Digital Video Devices were produced of which over 250 have been distributed to date. The Child Development Agencys Sweet Sixteen Essay Competition - to commemorate Universal Childrens Day 2007. Over sixty entries were received with the top three (3) winners invited to make presentations at the awards ceremony, which was covered by the electronic and print media. Winning entries were also posted on the Agencys website. Development of Child Friendly Materials : The Child Development Agency in collaboration with UNICEF produced and distributed a child-friendly version of the Child Care and Protection Act targeting children in the age group 7-12 years and 13 17 years. Children from both age cohorts were consulted in drafting these child-friendly booklets. In addition prior to distribution island-wide over 7,000 children were allowed to participate in a survey (pre-test) to test their knowledge of the Act. Similarly a (post test) was conducted with the children to determine the level of improvement and increase in the knowledge of the children. Over 160,000 copies of the booklets for children the 13 17 age group have been distributed across the island. Website Development: Five children were utilized to guide the process of development of the CDAs corporate website which was launched in 2006. The site can be used for both information, child-friendly edutainment and also provide a means of communication for those wishing to relay messages or to make suggestions on key services areas. Child Research Conference: The Caribbean Child Research Conference has been held annually since 2006 and is a collaborative effort between the University of the West Indies, United Nations Children Fund, Caribbean Child Development Centre, Child Development Agency, Office of the Childrens Advocate, Planning Institute of Jamaica and others. This conference provides opportunities for young researchers from secondary schools across the island to conduct research on a variety of child-related issues and present their findings at the conference. An outstanding child researcher is selected and awarded each year. An important feature is the number of children and young persons who are involved in the planning and implementation of activities of the conference. Children are allowed to chair sessions as well as the delivery of the keynote address. National Centre for Youth Development (NCYD): During 2008, the NCYD coordinated the National Student Council Week under the theme Positive Students Stepping Towards Greatness. Activities focused on promoting the voice of the youth on issues that affect them such as the re-integration of teenage mothers in the formal secondary school system, the use of cellular phones in schools and the use of metal detectors in schools. Jamaica Youth Ambassadors Programme (JAYAP): The 2008 2010 Youth Ambassador Corps, comprising seven males and seven females, was appointed in May 2008. The Corps included two CARICOM Youth Ambassadors, one Commonwealth Youth Ambassador, one Alternate Commonwealth Youth

45

Ambassador, one Positive Living Youth Ambassador to the Commonwealth, two Youth Ambassadors to the United Nations General Assembly and seven Youth Ambassadors At-Large, with the latter being assigned to areas such as Culture, Peace, Rural Areas and Environment, Disabilities, Healthy Lifestyles, Livelihood and the Organization of the Americas. National Youth Month is celebrated every November and provides young people with opportunities to participate in activities geared at improving their self-esteem and exposing them to positive role models. Approximately 15,000 youth participated in the Youth Month activities in 2008. Major activities included the National Youth Awards for Excellence and the staging of the 6th National Youth Parliament. National Child Month Committee (CMC): The CMC comprise a group of government and nongovernmental organizations with responsibility for planning and executing of events to commemorate May of each year as Child Month. During the period, a Childrens Expo is hosted where both service providers and service clubs engage children at all levels. There is a general promotion for children to play lead roles in church services, schools, the launch of the Child Month Activities as well as to act as keynote speakers at some of the activities organized by the Committee. National Secondary School Student Council: This is a national body made up student leaders from secondary schools. These leaders advocate for the rights of students and some are invited to sit on school boards. The Council also provides an avenue via which students can comment on topical national issues. Student Satisfaction Survey: As part of the new school inspection model being implemented under the Education Transformation programme, students are surveyed regarding their views of their school. This information forms the basis on which school effectiveness is assessed.

In addition to the initiatives of the Government, many other initiatives were implemented by NGOs and other organizations in civil society.

Box 8:

Jamaican Children Speak out about .their Right to a Voice Children should be heard and be free to express their opinions. They should be able to give input
on discussions without having fear of being hurt Parents should be forced to accept their responsibility There should be a law that says adults and caretakers should consider childrens opinion in making decisions Children should be able to talk about things that they dont like and things that affect them Parents refuse to speak to their children openly and many children are scared to talk to their parents. Parents and children should have a close environment and parents should make children comfortable to express themselves

46

Box 7: CASE STUDY23 The Power of Youth Advocacy

The JCRC Youth Advocates. The JCRC partnered with UNICEF to develop a corps of Youth Advocates, which was officially launched on Universal Childrens Day November 20, 2001. The aim was to provide adolescents in the age group 13 18 years with a forum to facilitate dialogue and discussion of the many issues that affect them in a safe non-judgmental environment. Thirty (30) adolescents from a variety of institutions and agencies which included primary and high schools, childrens homes and places of safety, youth groups and children with disabilities participated in the project. Activities were youth-driven and were based on the concepts that emanate from Articles 12 & 13 of the CRC, which promotes the participation of children and youth in the search for solutions to the many problems they encounter. Under the theme: Promoting the Best Interests of Every Child Everywhere the Youth Advocates developed and implemented a variety of programmes and projects aimed at: Educating children and youth about the CRC Sharing their own concepts of the best interests principles Drawing attention to the special needs of children Supporting government in their effort to improve the quality of life for children Advocating for policy and programme initiatives to enhance their development as well as the enforcement of sanctions against violations of child rights Methods employed by the Youth Advocates included: Dialogue interfacing with children and youth in Childrens Homes, Places of Safety and Juvenile Institutions Action Research special projects in relation to implementation of the CRC Networking - collaborative work with a wide cross-section of agencies Major achievements included: Successful collaboration with UNICEF to implement the Say Yes Campaign for Children in 2001. Youth Advocates conducted several CRC training sessions in schools in rural Jamaica. 30 Youth Advocates participated in a summer training funded by UNICEF where they received training in skills and techniques of advocacy. Interacted with children considered at risk in several Childrens Homes and Places of Safety including:
-

Designed and developed special project for Universal Childrens Day 2001 that showcased the talents and potential of children and youth considered at risk from Juvenile Centres and Places of Safety and Childrens Homes island wide. Participated in the UNICEF/UNFPA Promoting Adolescent Development and Participation Project (Youth Advocates translated a study on adolescent behaviours into child-friendly language. The findings were then shared with youth in regional workshops and feedback garnered for use in discussions with policy makers. (Considered a best practice) Three Youth Advocates were selected as Youth Facilitators for Child Month Training Workshop for the Kiwanis Club of New Kingston Youth Advocates invited to be guests on radio and television news and events programmes Organized and participated in Universal Childrens Day 2002 street demonstrations to call attention to issues related to community violence and its impact on children and presented a list of priority areas to the Government requesting urgent attention to some specific issues affecting children and calling for the urgent appointment of a public defender for children. (This activity received extensive media coverage using the voice of the children)

Musgrave Girls Home Hilltop Juvenile Correctional Centre (maximum security institution for boys) Rio Cobre Juvenile Detention Centre (conducted Child Rights Workshop)

23

JCRCs Annual Report (2005-2006)

47

4.CIVIL RIGHTS AND FREEDOMS

Convention on the Rights of the Child Article 7: Birth registration, name and nationality, to know and be cared for by parents Article 8: Identity, including nationality, name and family relations Article13: Right to freedom of expression, to seek, receive and impart information and ideas Article14: Freedom of thought, conscience and religion, parental right and duty to provide direction Article 15: Freedom of association and peaceful assembly Article16: Protection of privacy and protection of the law against interference or attacks Article 17: Access to information, materials, books and protection from injurious information Article 19: Protection from abuse and neglect Article 37(a): Children are not subjected to torture, capital punishment, and life imprisonment without possibility of release

4.1. Birth Registration (Art 7) *UNCRC Recommendation #31 State party to more effective enforcement of Registration Act and the facilitation of late registration
* Concluding Observations (2003) 30 & 31

Jamaica has made great strides in ensuring that the births of all children are registered.. Consequently, birth registration levels are fairly high and have steadily exceeded 95% for every year since 1992, with the exception of 2001 as noted in the 2003 Concluding Observations of the Committee. The 2004 Mid-Term Review of the UNICEF/GOJ Country Programme of Cooperation noted that for various reasons, 3-4% of births each year go unregistered. It cites some of the reasons as follows: mothers not given clear guidelines re registration process; mothers think registration was linked to payment of hospital fees; lack of a system to ensure that all births within institutions are registered and notifications of birth forwarded to the Registrar General within the legislated time.

A Vital Statistics Commission was established in 2004 with the mandate to address barriers to the accurate and timely production of vital statistics including increasing birth registration. By 2008 the Registrar Generals Department (RGD) reported that approximately one percent of births24 went unregistered and its aim was to ensure full registration of all births by 2010. They have developed initiatives including road shows, media blitzes and special programmes aimed at increasing birth registration rates and to encourage fathers to add their names to their childrens birth certificates. Since January 1, 2007 they have instituted bedside registration in public hospitals, which will gradually eliminate the problem of non-registration. Registration of births, and stillbirths, now take place at the bedside of the mother while still in hospital. This has led to significant improvements in the capture of these vital events. Trained registration officers, who are employed by the Agency, are stationed in all hospitals island-wide to carry out such registration. Vital information, including but not limited to, date of birth of child, sex of child, mothers name and doctor or midwife present at time of birth are captured for civil registration purposes. Information from the RGD states that bedside registration has not only reduced the incidence of children being registered without a name but it has also resulted in over 99 per cent registration of births occurring in

24

www.rgd.gov.jm

48

hospitals.25 This is noteworthy since over 98 per cent of births in Jamaica occur in hospitals and birthing centers (see Table 4.1). These initiatives have resulted in 86 percent of children named at registration and 54 percent of fathers adding their particulars to their childs birth certificates. This shows a significant improvement since the inception of these special initiatives in 2007.
Table 4.1: Type of Centres in which Birth occurred in 2003

Home delivery Maternity Hospital Type A Hospital Type B Hospital Valid Type C Hospital Private Hospital/ medical centre Community hospital Total

Frequency 601 8920 6433 15984 9944 1714 689 44285

Percent 1.4 20.1 14.5 36.1 22.5 3.9 1.6 100.0

Source: Fox et al. (2003) Assessment of Birth Registration in Jamaica.

The Government of Jamaica, through the RGD has also made great efforts to reduce the level of late registrations of births. The Agency has a continuing public education and communication programme which, inter alia, advises parents that registration of vital births should take place immediately or within three months after such occurrence. However, registration can be effected up to twelve months outside of this time limit and still would be regarded as being on time. Once twelve months have elapsed such a registration would be deemed late and can only be effected upon the Registrar General issuing an Authority for Late Registration to the Local District Registrar.

25

www.rgd.gov.jm

49

Figure 4.1
Birth Registration Among Children 0-23mths. 2002 and 2007
120 100 80 60 40 20 0 Yes No 2002 Yes 2007 No 0-11 mths 12-23mths

Source: Jamaica Survey of Living Conditions 2002 and 2007 dataset.

Children are now being registered at a younger age, as seen from the data in Table 10. In 2002, 81.6 per cent of children ages 0-11 months were registered and by 2007, this figure had increased to 98.6 per cent. Data from the RGD also indicates that in 2003, 39.8% of birth registrations of births took place in the month in which the birth occurred. The percentage was the same for 2004. The delay in registrations under one year but over three months indicates an improvement of 9.1 percentage points as there were 2,810 or 6.6% such registrations compared to 6,809 or 15.7 % in 2003. This high level of early registration is facilitated by the fact that 98.1% of live births occur in health care institutions. Approximately 89 per cent of children are registered by their second birthday (Table 10). This accords to figures obtained from the RGD, which show that for the 2008/2009 financial year, of the 300,279 applications processed 2,072 or 0.62 per cent were for late registration. This represents a further decrease in applications for late registration when compared to 2007, which stood at 0.71 per cent of total application. The Agency has been issuing free birth certificates to parents once the child is registered with a name within six weeks of birth; these certificates are being delivered to parents within three months of the birth date of the child. Up to the first quarter of 2009 a total of 13,655 free birth certificates have been printed for distribution. In a bid to get thousands of nameless children registered in Jamaica, the Registrar General's Department (RGD) implemented the 'Name the Child' project in September 2006. It lasted for one month and the RGD saw the naming of more than 12,000 of the 18,000 children who were targeted.

50

4.2. Violence/abuse/neglect/ punishment including corporal punishment (Arts 19 & 37)

* UNCRC Recommendation #33 The Committee urges the State party to take steps to strengthen considerably its efforts to address and condemn violence in society, including violence against women and children, particularly in the context of the family as well as in schools and other such environments. Further, it recommends that the State party take steps to monitor and address any incidents of violence and sexual or other abuse against children and take measures to ensure the rehabilitation of traumatized and victimized children by:
Public education campaigns re negative consequences of violence and ill

treatment of children and promoting positive non-violent forms of conflict resolution and discipline within the family and the education system Legislative measures to prohibit all forms of physical and mental violence including corporal punishment and sexual abuse against children Measures to prevent violence in families, schools, and by the police and other State agents, making sure that perpetrators of these violent acts are brought to justice Providing care recovery and reintegration of child victims ensuring that the child is not victimised during legal proceedings and that privacy is protected Seeking assistance from UNICEF and WHO

* Concluding Observations (2003) 30 & 31

The issue of violence in the Jamaican society continues to be a troubling one as over the past five (5) years, there has been a sharp increase in the incidence of violent crimes, in particular murder. Although the majority of the murders were committed on males, the number of females and children being murdered has also been increasing. In 2006, the number of children murdered was 65; by 2008 it had risen by approximately 46 per cent to 94. During the period of November 2008 to October 2009, 110 children, 88 boys and 22 girls, were murdered in Jamaica. The issue of missing children has emerged as another leading concern as data for January to September 2009 revealed that 1,206 children were reported missing. Of that number, 676 have returned home while three have died. These figures represent a twenty-five percent increase over the figure for all of 2008. These alarming statistics have raised questions about developments in this area. There has not been any interrogation of the factors driving this increase in the number of children being reported missing in Jamaica. As such, there is little understanding about the nature of the problem and hence how to counter this trend. The GoJ therefore recognises that this matter requires in depth analysis and focus on strategies for more targeted interventions. There has also been a significant increase in the reporting of child abuse as a result of the mechanisms now established via the Child Care & Protection Act. Government of Jamaica Response Concerns about these long standing as well as emerging issues have led to calls for urgent and decisive action. The Government has made efforts to urgently respond to these major challenges. As a result there has been a sharp increase in the number of initiatives, policies and violence prevention programmes aimed at preventing, mitigating and improving protection for children. Through the Office of the Prime Minister a Task Force on Child Abuse Prevention was established in 2008 and charged with the responsibility to identify solutions which 51

would bring greater public awareness and involvement in the fight against child abuse, while strengthening infrastructure to address service delivery before, during and after such incidents. In addition, the Child Care and Protection Act emphasises that the duty to protect children not only rests with the family but also is a shared responsibility of all members of society. Consequently the Act has created a legal obligation which makes it mandatory to report knowledge or suspicion that a child has been, is being or is likely to be abandoned, neglected, physically or sexually ill-treated or otherwise in need of care and protection (defined under s.8 of the Act). This legal obligation while extending to every member of society is particularly emphasized for a range of prescribed persons listed under s.6 (1) of the Act these are usually persons who as a result of their occupation work with children regularly and may acquire information that gives good reason to suspect that a childs welfare may be endangered. Prescribed persons are: Health professionals - physician, nurse, dentist or mental health or other health professional, Hospital facility administrator School principal, teacher or other teaching professional, Social worker or other social service professional, Owner, operator or employee of a child day care centre or other child care institution, Guidance counsellor, or any other person who by virtue of his employment or occupation has a responsibility to discharge a duty of care towards a child.

As was noted previously the Act has also established a network of reporting structures, and mechanisms to ensure that the violations of the rights of children are reported, investigated and acted upon in a timely manner. These include the following:
Office of the Childrens Registry, Office of the Childrens Advocate Centre for the Investigation of Sexual Offences and Child Abuse (CISOCA).

Failure to report actual and suspected cases carries serious penalties. Office of the Childrens Registry: The Office of the Childrens Registry (OCR) was established in January 2007 as a provision of the Child Care and Protection Act (CCPA) 2004. The CCPA makes it the duty of every adult to report to the OCR every incident or suspicion indicating that a child has been, is being, or is likely to be ill treated/abused, abandoned, neglected or in need of care and protection. The OCR is responsible for receiving these reports and recording, assessing and referring them to the Child Development Agency and/or the Office of the Childrens Advocate or to the Police through its sexual offences arm, the Centre for the Investigation of Sexual Offences and Child Abuse (CISOCA) for action.

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Table 4.2 Breakdown of Cases Reported to the Office of the Childrens Registry (2007-2009) Category Physical Abuse Sexual Abuse Emotional Abuse Neglect Pregnancy26 Trafficking Substance Abuse Total
Source: Office of the Childrens Registry

2007 122 144 36 81 0 1 0 384

2008 992 825 232 1,607 82 11 31 3,780

2009 1,574 1,468 735 3,001 335 16 141 7,270

2007-2009 2,688 2,437 1,003 4,689 417 28 172 11,434

The marked increase in the number of reports over the three-year period conveys an increased awareness amongst persons of the OCR and their legal obligation to report known or suspected incidents of child abuse and neglect, as stipulated in the CCPA. The increase also suggests a growing confidence in the mission and mandate of the Registry, supporting the need for a confidential and central system to which reports of abuse against children can be made. Since its inception, the Registry has been playing an integral role in capturing incidences of child abuse. In 2009 alone, the Registry received approximately 6,150 reports of child abuse and neglect some 5,690 more than the 460 reports that were received during its first year of operation in 2007 and nearly 2,100 more than the number of reports that were received in 2008 Additionally, reports indicating clear and imminent danger to the child are routed to the Jamaica Constabulary Force through to the agency of the Police Force that deals with sexual offences, the Centre of the Investigation of Sexual Offences (CISOCA) (see Box 9).

26

Pregnancies of girls under 18 years old

53

Box 9:

The Centre for the Investigation of Sexual Offences and Child Abuse (CISOCA)
The Centre for the Investigation of Sexual Offences and Child Abuse (CISOCA) was established in the Jamaican Constabulary Police Force in 1989 as a response to the need for police sensitivity to victims of sexual assault. It main objectives are: Improving confidentiality of reports from victims The speedy and effective investigation of sexual offences, Creating an atmosphere which encourages victims to report incidents of sexual offences, Assisting in enhancing the rehabilitation of victims through counselling and therapy.

Since the establishment of CISOCA's main office, six other units have been established island-wide. Officers who work at these units receive special training in Gender-based Violence and are also responsible for providing training in the investigation of sexual offences at the Jamaica Police Academy. To reduce the fear of giving evidence and the associated trauma experienced by children CISOCA has been recently ergonomically redesigned to become more child-friendly. Officers have been trained in the use of modern technology to facilitate the use of video evidence in keeping with the new Evidence Act.

Public Education and Awareness The Office of the Childrens Registry, despite limited funding to launch a national public education campaign, has utilized different forms of media to highlight the importance of reporting child abuse and encourage persons to report. These include: Over 50 presentations/consultations with stakeholders Advertisements in the Yellow Pages of the National Telephone Directory 2009/2010 edition (partnership between OCR & Yellow Pages) Digital Signs in strategic locations e.g. pharmacies, supermarkets, etc. (partnership between OCR & Global Media Services) Advertisements in Jamaica Information Service Newspaper Supplement Media Interviews (both radio & TV) Newspaper & Website Articles Social Media (Facebook & Twitter) As was outlined previously the Office of the Childrens Advocate (OCA) investigates all complaints of physical and sexual abuse and all other matters concerning the welfare of children in Child Care Institutions and Juvenile Correctional Centres. Persons who violate the law face serious penalties and a number of cases have been referred to the Police and the Director of Public Prosecutions for further investigations and for the preferring of criminal charges. Other actions, which have been taken, include suspension without pay and dismissal of staff. The Task Force on Child Abuse Prevention (TFCAP) was established in 2008 by the Prime Minister in response to the mounting incidences of children who have gone missing, abducted and abused. The Task Force is coordinated by the Child Development Agency and is comprised of representatives from several Government 54

Ministries and agencies as well as the Cabinet Office and the NGO community. One of its major activities is a drive to bring an awareness of issues related to child abuse, mechanisms for prevention as well as elements to improve general child protection practices to the wider community in an effort to prompt increased action. An important community action emerging from this Task Force is the Ananda Alert system. The Ananda Alert system came out of a serious concern regarding the increased number of children who go missing each year. Many return home safely but on the other hand there are others who are not so fortunate and may be sexually abused or lose their lives. This prompted the Task Force on Child Abuse Prevention to initiate this special alert system, which informs and mobilises the public to help locate missing children. Named after a child who lost her life after going missing the programme is reaping some success as every time a child goes missing, a photo of the child along with other particulars, is widely circulated in the hope that if any person who has seen or knows where the child is, will call the local authorities in that area. Launched in May 2009, only approximately 7000 Jamaican had subscribed to the alert system by the end of 2009. Following a public appeal by the Government however, more Jamaicans have responded favourably and as a result there have been cases where prompt actions have brought good results Other initiatives undertaken in this regard include: A Child Protection Audit was conducted involving the Family and Parenting Centre (an NGO), the OCA and the CDA to assess current systems and procedures used by organizations to respond to reports of sexual and physical abuse of children. The outcome of the audit has been used to make recommendations on ways to reduce the trauma experienced by child abuse victims during the investigation and criminal trial, and also to enhance the quality of the evidence available to the court. The CDA will be implementing the recommendations. Safer Cities Workshops were conducted by the Bureau of Womens Affairs27 during 2007. These workshops were aimed at creating safer cities for women and girls in order to eliminate gender-based violence experienced in public spaces. In addition, the workshops were geared towards sensitising personnel within the public transport system and with other relevant stakeholders about safety procedures and to engage stakeholders in meaningful dialogue towards strategizing towards the promotion of public safety for women and girls. The Dispute Resolution Foundation (DRF) works to establish and encourage the use of Alternative Dispute Resolution (ADR) techniques throughout Jamaica. Although it began as a private voluntary foundation the Foundation is now partly funded by the Government. In addition to its work in the wider justice system, the Foundation is also doing its part to reach at-risk youths and ensure a safer school environment. Its School Suspension Programme offers a lifeline for students, who are out of school for short periods. Peace and Love in Society (PALS) is a Jamaican not-for-profit foundation dedicated to changing attitudes towards violence and promoting conflict resolution in the Jamaican society. PALS came about as a result of the increasing concern that many shared about the high levels of interpersonal violence in the society and the resulting costs to the nation in social and economic terms. The Foundation became operational in 1994 and was originally was school-based but was expanded in 2004 to reflect a wider focus on solutions in the community and the country and not just in schools. The programmes of PALS are focused on: building community and creating nurturing classroom climates; understanding and resolving conflict;
27

A government agency targeting women and girls

55

 understanding the role of perception; understanding and managing anger improving communication.

The Safe Schools Programme was launched in 2004, as a direct response to the urgent demand to reduce incidents of violence and anti-social behaviour affecting the nation's schools. It is a multisectoral initiative being co-ordinated by a Task Force established by the Ministry of Education, the Ministry of National Security, the Ministry of Health and the Jamaica Constabulary Force (JCF). A component of the programme is the training of the police for placement in the schools as School Resource Officers. The programme has reported success in dismantling several school based gangs and much effort is also being made to reduce bullying in schools. This programme has been actively supported by the islands largest teachers organisation - the Jamaica Teachers Association (JTA. The government of Jamaica is committed to expanding the intervention to all schools but is hampered at this time by a lack of financial resources.

Violence Prevention Alliance (VPA) is a network of Jamaican organizations working to prevent violence. Launched in November 2004, the VPA is open to broad participation from all sectors (governmental, nongovernmental and private) and levels (community, national and regional) to unite around a shared vision and mission to create a violence - free and safe Jamaica The VPA has implemented several activities reaching children and youth in collaboration with the Healthy Lifestyle Project of the Ministry of Health, and PALS. Among them: Learning for Life Programme - The programme targets unattached inner city youth aged 13 25. Currently, there are 6 functional centres with over a 100 enrolled students. Its aim is to capture the attention and interest of unattached youths and assist in making them functionally literate. In addition, the programme also provides training in conflict management, leadership and life skills, as well as facilitates linkages to entrepreneurial and job/placement opportunities and other entities for skills training. Annual Peace Campaign - Since 2005, the Violence Prevention Alliance (VPA) has partnered with Peace and Love in Society (PALS) as a means to strengthen and expand the peace movement in Jamaica. This activity is now a regular calendar event, taking place in March of each year, and has galvanized agencies such as the Jamaica Constabulary Force, Peace Management Initiative (PMI), UNICEF, Ministry of Education and several NGOs who are committed to the cause. The main purpose for a peace campaign is to create awareness and a movement for peace. Hence, the annual peace campaign brings together all agencies, stakeholders and individuals working for peace to give a tangible manifestation of the strength of the peace movement. It is also a time for communities to bridge the divide and work together for one common cause. Target Groups are Communities, Churches, Schools, NGOs and the Private Sector.

The VPA also supports the programs and interventions of the Alliance Membership who employ a wide range of strategies that have been demonstrated to be effective in reducing violence or risk factors for violence.

56

The Victims Charter28 seeks to correct the imbalances between the protection of the rights of offenders and the human rights of victims. The Charter includes (a) the compensation of victims, with state responsibility for funding any proposed compensation scheme, (b) the protection by the State of children and other vulnerable groups within communities, (c) an understanding of the causes and consequences of family and domestic violence, and (d) volunteerism in victim support within communities. Jamaicas Victim Charter states: Particular attention must be given to child victims and witnesses. The Economic and Social Council of the United Nations adopted Resolution 2005/20 on the 22nd July 2005 recognizing that children as victims are particularly vulnerable and need special protection, assistance and support appropriate to their age, peculiar needs and level of maturity.

The Victim Support Unit (VSU)29 of the Ministry of Justice provides support to victims. The Unit, the first of its kind in the Caribbean, was established in 1998 and operates in all 14 parishes across Jamaica. The Unit provides advocacy, court support, crisis intervention, advice and counselling services to individuals against whom crimes and civil offences have been committed. Thousands of victims benefit each year from this range of support services - counselling being an area of primary emphasis. The majority of persons who access the services are females. Notwithstanding, the margins are widening fro m a ratio of 2:1 to approximately 3:1. A large percentage of the crimes dealt with are sex related (rape and carnal abuse). In addition to trained social workers and psychologists, the Unit is also supported by a wide cross section of volunteers. This includes students of tertiary institutions who are fulfilling the practicum component of their studies. Enhancing client-servicing output, special initiatives have been undertaken with its necessary protocol regarding violence and crime on children. The objective of these initiatives is to address the possible negative impact of exposure to violence and crime on children. They are the Cultural Resocialization Intervention Project and the Overcomers in Action Group: Cultural Resocialization Intervention Project is a therapeutic intervention for at risk children ages 6-18 years from various inner-city communities. It provides healing for children through the use of cultural re-sensitization, cognitive restructuring, behaviour modification and teaching them coping skills. Overcomers in Action is a therapeutic intervention in the form of a group counselling programme that provides healing and restoration to females who have been abused sexually, physically and/or emotionally.

With the introduction of the Childrens Advocate under the Child Care and Protection Act, the Office of the Childrens Advocate has assumed many of the roles and functions relating to children formerly handled by the VSU.

28

Source: Ministry Of Justice Victims Charter (MIS Department July 19, 2006) accessed online on http://www.moj.gov.jm/pdf/victims_charter.pdf
29

October 19, 2009 at:

Report from the Victims Support Unit

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Box 10:

Jamaican Children speak about Crime and Violence

"Violence is a non stop thing here and the government can't do anything about, it is a non stop, can't stop thing How does violence affect children in Jamaica? Violence prevents some children from: doing leisure activities Walking in the community Going to school, and to the library Knowing their parents Violence makes us:Feel fear towards death

Have nightmares about it Feel afraid when our family members are killed Have to move to another community Have to change school
What should the Government do?

Make sure they put all the criminals in prison If children do not go to school they might get involved in gang wars, so the government should make sure there are more schools for children The government needs to stop the bad music that is being played Provide more policemen with better equipment and cars Educate people to report violence and stop doing bad things Get more jobs so people do not have to be criminals

The Issue of Corporal Punishment Corporal punishment is, unfortunately, an intractable feature of Jamaican culture and parenting practice. The result is that violence begins in the earliest years of a childs life children as early as ages two and five are commonly subjected to corporal punishment, with boys punished more frequently and with more severity than girls. Corporal punishment remains the dominant form of discipline in Jamaica and data shows that 87 per cent of children between the ages of 2-14 years are subjected to at least one form of psychological or physical punishment This is supported by further research which found that only 11% of Jamaican parents practice positive forms of discipline30. The law prohibits corporal punishment for children up to the age of 6 years in early childhood institutions (known as basic schools) under the Early Childhood Act. It is also prohibited in other institutions and forms of childcare under Section 62 of the Child Care and Protection Act. Permitted disciplinary measures in childrens homes are prescribed by the Child Care and Protection (Childrens Homes) Regulations (No. 22 of 2005) and do not include corporal punishment. Prohibition of corporal punishment and other forms of humiliating punishment of children is to follow the ban in pre-school settings. However its use is still
30

UNICEF Fact Sheet- Key Facts on Children and Violence in Jamaica, February 2008

58

tolerated in homes and within families where children seem to suffer most violence. Data on patterns of discipline in households show that physical punishment was used more often for children under 12 than for older children, with 60.2 per cent of parents reporting beating or slapping their child under the age of 12 years (Ricketts and Anderson, 2009).31 UNICEF32 reports that 73 per cent of children aged 2-14 experienced minor physical punishment in the home in 2005-2006, although a smaller percentage of mothers/caretakers (34%) expressed the belief that children need to be physically punished. The Ministry of Education has issued a policy directive that there should be no corporal punishment applied in school in Jamaica. In addition, as part of its overall education transformation process the Ministry has introduced behaviour modification interventions for both students and teachers and is currently seeking to apply legal and regulatory mechanisms to eliminate the practice of corporal punishment. In cases where complaints about corporal punishment in public institutions have been referred to the OCA, they have been investigated or they are either referred to the police for further investigation or action. Interventions have also been made by the OCA for compensation or reimbursement of medical bills on behalf of the children. There is also a Child Abuse Prevention and Control Protocol being developed to guide caregivers in alternative care facilities towards utilizing alternatives to corporal punishment. In addition there is a move to tackle the broader issue of violence in schools and to create a safer school environment by finding alternatives to manage behavioral problems, which will include the removal/abolishment of corporal punishment in the public school system. Guidance will be required to ensure that the ban is implemented in the best interest of children while moving parents and caregivers to the use of positive forms of discipline through education and support.

4.3. Childrens Access to Information (Art 17). Children in Jamaica are able to access information from a wide variety of sources. Where mass media is concerned both written and audio-visual have made great efforts to make a reality of the principles and standards outlined in the Convention. For example, children are given opportunities to express themselves, as there are currently two weekly tabloid newspapers that target children specifically the Youth Link and the Childrens Own. The Childrens Own in particular is circulated via the primary school system and as a result is able to reach children in very rural communities. In addition there are several very creative programmes carried by the electronic media that not only provide information for children and adolescents but also provide them with opportunities for presentation of their views and opinions. Access to these means of information is quite widespread. Despite the fact that newspapers may not be the primary source of information for the population the use of radio and television are widely available and provide a useful means of providing information for the public. The Government also provide television coverage of major events to the wider population via television screens erected in major towns both rural and urban. The media both written and electronic have played an important role in assisting to promote the principles of the Convention. They partner with child rights agencies and human rights organizations to raise awareness by highlighting violations and monitoring implementation of the Convention. The majority of schools in Jamaica including some schools in rural communities have been provided with access to the Internet through public/private sector/civil society partnerships and initiatives.
31 32

Ricketts, H & Anderson, P (2009): Parenting in Jamaica. Planning Institute of Jamaica, Kingston. UNICEF, 2007, Progress for Children: A World Fit for Children Statistical Review, Number 6, December 2007

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The Jamaica Library Service The Jamaica Library Service operates through the Public Library Network, and the School Library Network, which consist of 615 Service Points and 926 School Libraries, respectively. Total membership in public libraries at December 2008 stood at 616,457 (245,253 adults and 371,204 juniors). For the financial year 2007/2008, $14.6 million was allocated for the acquisition and distribution of books and other resource material in the public library network. The School Library Network continued to provide services to Government schools on behalf of the Ministry of Education. For the financial year 2007/2008, $9.1 million was allocated for the acquisition and distribution of books, periodicals and other resource materials to school libraries. Some 7199 books and 2020 periodicals were purchased. The use of the Internet in libraries has increased by 117.4 per cent to 71,827 users. Mobile Library Services were provided during April-September 2008 at 373 active mobile stops island wide.

National Centre for Youth Development (NCYD) The National Centre for Youth Development (NCYD) was established in September 2000 to facilitate the effective coordination and integration of programmes, services and activities geared towards youth development. The vision of NCYD is Jamaican youth realizing our full potential, through access to opportunities, to develop, participate and contribute as responsible citizens, to a peaceful, prosperous and caring society. The Centre also makes recommendations on and design programme activities to enhance and drive youth development in the island and is responsible for implementing the 2003 National Youth Policy. This policy, while targeting youth, recognizes the need to utilize the life-cycle approach to strengthen the development of Jamaicas human capital. Cognizant of the need to provide an environment suitable for the positive development of children, the policy supports provisions for the care, development and protection of children as outlined in the National Policy on Children (1997). A division of the Ministry of Youth and Culture (and formerly of the Ministry of Education, Youth and Culture), the NCYD offers technical and financial assistance to Secondary Schools Student Council, Jamaica Union of Tertiary Schools and the National Youth Council. The NCYD is also the chief organiser of the Youth Month activities, as well as the Prime Minister's Award for Excellence and coordinates the activities of Youth Information Centres (YICs). YICs operate in five parishes and offer information technology services such as cyber cafs, fax machines, photo copying facilities. In addition, the Centres provide counselling and referrals, empowerment sessions and information on education and training, youth organizations, self-help programmes and career development. There are plans to establish a YIC in each parish and plans for two additional centres (in Manchester and Westmoreland) were announced in 2009. The Government and UNICEF are the primary sponsors of the centres, with Jamaica providing material in the form of computers, fax machines and other equipment. The South Korean Government however has also come on board to support the establishment of additional YICs. A 2004 impact assessment conducted by the United Nations Children's Fund (UNICEF) on the two centres, found that generally positive response of young people to the services offered at the YICs with 80 per cent of the overall YIC users indicating that the centres have had a great impact on their lives (see Table 4.3).

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Table 4.3

Views from Youth Information Centres

Percent Satisfied with Service The centres have an impact on life Centre has improved knowledge of youth issues Staff treats with dignity and respect Quality of work has improved
Source: UNICEF 2004: YIC Impact Assessment

93 80 77 97 80

The Broadcasting Commission The Broadcasting Commission is a statutory body established by the Broadcasting and Radio Re-Diffusion Amendment Act of 1986. Its role is to monitor and regulate electronic media, broadcast radio and television, as well as subscriber television (cable), balancing the interests of consumers, the industries and the creative community in implementing public policy and law33. The Broadcasting Commission introduced a Childrens Code for Programming in 2002 to protect children from harmful or explicit content. This Commission has done much to encourage the mass media to promote positive alternatives to some of the negative tendencies of the media market and to provide for parents in their role as guides for their children in this respect. Elements of the Code34 The Code requires all licensed media to engage in the following activities: 1. Rating an assessment of the nature of problematic material in all programming. a) for the broadcast media rating will be done of all programming including newscasts, broadcasts of sporting events, music videos, programme trailers, songs and advertisements. b) for the subscriber television services rating will be carried out on each channel 2. Scheduling/ filtering ensuring that programming is only transmitted to the appropriate audience for the type of problematic material it contains. a) for the broadcast media programmes are scheduled so that potentially harmful material is not transmitted at times when children can reasonably be expected to be a significant part of the radio or television audiences. A watershed period has been established on weekday evenings beginning at 9.00 p.m. b) for subscriber television services material is filtered so that programming channels rated A or X are only available to subscribers who specifically choose to have that material in their homes.

33 34

http://www.broadcastingcommission.org/about_the_commission#continue-from-index-accessed on October 4, 2009 Childrens Code for Programming; Broadcasting Commission, August 8, 2002

61

3. Advisories information about the nature and amount of problematic material in a programme or on a channel that allows adults to make informed choices about what type of programming they and the children in their care are exposed to. In 2009, the Commission through its Chairman issued directives on the transmission of sexually explicit content, the transmission of violent content in songs or videos. These were prompted/influenced in part by concerns expressed by childrens advocates in the island about the lewd and violent content of lyrics which children were being exposed to via some popular music. According to a media report35 The broadcast watchdog has asked the Government to urgently amend the Television and Sound Broadcasting Regulations to allow the commission to place further restrictions on materials to which children are exposed on the air. Among the proposed changes are regulations governing the non-transmission of songs that condone or encourage hostility or violence. The commission has also recommended that the regulation be amended to give it power to rein in material, which encourages or glamorizes the use of illegal drugs or misuse of alcohol. It also recommended that Parliament repeal the Broadcasting and Radio Re-diffusion Act of 1946 and have it replaced by modern more legislation. The newspaper article also reported the Chairman as saying Until there is agreement on the need for a new act and its new provisions, we have sought an early amendment of an existing act to provide the Commission with the authority to impose financial sanctions, with a parallel provision for an appeals mechanism Media Literacy Project 36 In 2007, The Broadcasting Commission of Jamaica and UNESCO launched a media literacy project targeting children in primary schools in the country. The project aimed to provide video and other support materials for teachers to guide students on how to deal with radio and television content. The Education Ministry provided the Commission with technical advice on developing the materials so they could easily be integrated into the primary school curriculum. The course materials help teachers explain to children what types of programming are problematic and why. The teaching materials incorporate data from research conducted in Jamaica demonstrating what types of programming pose a risk to children and why. Students who completed the course were also taught how to make informed choices about programming using the Childrens Code for Programming and gained better understanding of rating designations. (For additional data related to Theme 4, see Annex: Tables 4-A1 to 4-A8)

35

Dancehall under attack - Broadcasting Commission sticks to ban on vulgar lyrics; Daraine Luton, Staff Reporter Published: Tuesday

| February 10, 2009 Accessed at http://www.jamaica-gleaner.com/gleaner/20090210/lead/lead2.html on October 4, 2009. 36 (Jamaica Broadcasting Commission and UNESCO launch children's media literacy project accessed at http://portal.unesco.org/ci/en/ev.php-URL_ID=23863&URL_DO=DO_PRINTPAGE&URL_SECTION=201.html on October 4, 2009

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5. FAMILY ENVIRONMENT AND ALTERNATIVE CARE

Convention on the Rights of the Child
Article 5: State to respect the responsibilities, rights and duties of parents to give appropriate guidance to children Articles 9: State to ensure child is not separated from parents and respects childs right of access to parents, unless incompatible with his/her best interests. Article 18 paras 1&2: State to ensure recognition of parental responsibilities, assist parents in their efforts, develop institutions, facilities and services for care of children Article 20: State to provide special protection where children are temporarily or permanently deprived of family environment

5.1. Family Environment *UNCRC Recommendation # 35 The Committee recommends that the State party: Make every effort to provide support for children within the family context and improve employment prospects for parents. Give particular support to children in single parent families. Increase attention to parenting education and needs-based counselling services especially for fathers. Strengthen support to NGOs working in these areas.
* Concluding Observations (2003) 34 & 35

The Jamaican family structure continues to be characterised by various types of unions, family patterns and arrangements as explained in the second periodic report. The Child Care and Protection Act define family as natural and step parents, guardians, blood relatives, those in loco parentis or having temporary custody and control of a child. It has also broadened the definition of parent to include those accepted by the Government and the various Childrens Homes as caregivers, role models and/or mentors. It also acknowledges that a family is the preferred environment for the care and upbringing of the child and that the responsibility for the protection of children rests primarily with the parents. It also creates linkages between child delinquency and parental responsibility. There has been a steady decrease in the average household size in Jamaica over the last two decades. Along with that however, has been a rise in the percentage of Jamaican households headed by women. (see Table 5.1). In 2006, women headed 46.6 per cent of households in Jamaica. Female-headed households continued to be most frequent in the KMA (51.4 per cent) and least in Rural Areas (42.2 per cent). Male-headed households, on the other hand, were most prevalent in Rural Areas (57.8 per cent) and least in the KMA (48.6 per cent). The differences in household headship by region are, to a large extent, related to the greater propensity of females than males to migrate from rural to urban areas (see Population and Housing Census, STATIN, 2001). However, the relatively high proportion of households headed by females is a reflection of our historical experience. Household and/or family formation is usually initiated through visiting relationships (usually the male visits), which progressed, into more stable co-residential forms (Common Law or Marital) as children are added to the household/family. 37 Table 5.1
37

Professor George W. Roberts, Mating and Fertility in Four West Indian Populations (Mona: Institute for Social and Economic Research (ISER), University of the West Indies, 1975). Quoted in Jamaica Survey of Living Conditions 2007

63

Mean Household Size By Sex of Household Head and Region, 1997 - 2007
Year Male KMA 3.8 3.1 2.8 2.9 2.9 3.2 2.9 2.9 2.7 2.7 Other Towns 3.4 3.3 3.0 3.0 2.9 3.2 3.2 3.0 3.1 3.1 Rural 3.7 3.5 3.5 3.7 3.5 3.3 3.3 3.2 3.1 3.1 Total 3.4 3.3 3.2 3.3 3.2 3.2 3.2 3.1 3.0 3.0 3.0 Female KMA 3.6 3.5 3.5 3.5 3.4 3.4 3.4 3.4 3.3 3.3 3.5 Other Towns 3.8 4.0 4.0 4.0 3.6 3.8 3.9 3.5 3.2 3.2 3.7 Rural 4.1 4.2 4.0 4.0 3.8 4.1 4.1 4.1 4.1 4.1 3.9 Total 3.8 3.9 3.8 3.8 3.6 3.8 3.8 3.4 3.6 3.6 3.7

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

2007 2.8 3.0 3.1 Source: Jamaica Survey of Living Conditions -2007

While the average size of households headed by men was 2.8 in 2007, those headed by women had an average size of 3.8. (JSLC 2007) The fact that female headed households continue to be larger than those headed by men is an area of concern for the Government of Jamaica because the data has shown a strong correlation between poverty status and household size. Households in the poorest 20 per cent of the population have an average size of 4.5 compared to an average size of 2.1 for households in the wealthiest 20 per cent (JSLC 2007) There is also some relationship between the number of children in a household and that households poverty status, with 3.1 children in poor homes, compared to 2.1 in households above the poverty line (see Table 5.2).

Table 5.2 Number of Children by Caregivers Poverty Level

Number of Children in care 1-2 children 3-4 children 5 or more Mean Number of Children Poor 39.8 % 42.1% 18.1% 3.1 Non-poor 68.9% 26.0% 5.1% 2.1 All households 64.4% 28.5% 7.1% 2.3

Source: PIOJ (2005): Parenting in Jamaica

The 2007 Survey of Living Conditions reported 12 per cent of children in Jamaica living below the poverty line. However, in the rural areas this figure climbs to almost 20 per cent. Despite the decline in poverty generally children still account for approximately one-half of the Jamaicans living in poverty (see Table 5.3).

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Table 5.3 Prevalence of Poverty Jamaica 1997-2007

Region KMA Other Towns Rural Areas Jamaica 1997 9.3 14.8 27.4 19.9 1998 8.6 13.4 19.5 15.9 1999 10.6 12.1 22 16.9 2000 9.9 16.6 25.1 18.7 2001 7.6 13.3 24.1 16.9 2002 10.4 18.7 25.1 19.7 2003 9.5 15.8 24.2 19.1 2004 14.3 7.8 22.1 16.9 2005 9.6 7.2 21.1 14.8 2006 9.4 9.2 19.8 14.3 2007 6.2 4.0 15.3 9.9

Source: Jamaica Survey of Living Conditions 2007

Poverty has the potential to impact all areas of childrens lives. Findings of a study on parenting in Jamaica speak not only to the material deprivation occasioned by poverty, but also the emotional toll that poverty takes on parents and families. The study (Ricketts and Anderson, 2005) show that 31.0 per cent of poor parents reported being highly stressed compared to 14.1 per cent of non-poor parents and demonstrates decreases in stress levels as consumption status improved (p.50). This corroborates other research (Samms-Vaughn, 2004) in which 21. 4 % of poor parents felt that they were not coping vs. 9% of non-poor. Not surprisingly, poverty also affected the enjoyment of parenting; while more than two-thirds of non-poor parents enjoyed their parenting role, 45 per cent of poor parents did not enjoy being parents. Among poor parents 46.6 per cent did not share recreational activities with their children, compared to 30 per cent of the non-poor (Ricketts and Anderson, 2005). The survey also found more restricted styles of expressing affection in poor households. It is clear therefore that the impact of poverty is felt well beyond the material, and extends to the social and relational aspects of a childs life. Recognising that poverty has a negative impact on the ability of parents to promote and fulfil the rights of their children, the Government of Jamaica has made considerable efforts to establish support systems and services with the requisite legal framework for the protection of children. Parenting education has become an important component of these services. The recent establishment of a Parenting Commission is a testament to the Governments effort to assist in guiding parents and assisting them to fulfil their responsibilities. The National Parenting Policy is currently before Cabinet for consideration. The policy makes provisions for the statutory establishment of a National Parenting commission. However, many of the initial activities which the Commission will be responsible for are being currently implemented under the auspices of the Ministry of Education. Social Safety Nets for Children and their Families Subsection (2) of the CCPA outlines that where a person having the custody, charge or care of a child is financially unable to provide the child with any article required for the purposes of the childs education at a school to which the child is registered, that person shall apply to the Minister in the prescribed manner for assistance Generally the Provision Rights in the CCPA centre around parental more so than Government responsibilities. However the Government is required to render appropriate assistance to parents, legal guardians and extended families in the performance of their child rearing responsibilities. Childhood generally, but in particular the early childhood period is a period that carries the most intensive parental responsibilities related to all aspects of the wellbeing and development of children. Accordingly realising childrens rights is in large measure 65

dependent on the wellbeing of parents and caregivers and the resources available to them to assist them in carrying out their duties. Recognising these interdependencies has prompted the Government of Jamaica to develop policies and programmes to assist in this regard. The social safety net system in Jamaica is composed of a wide range of programmes all designed to alleviate poverty and raise the standard of living of families and individuals and has been undergoing significant reform since 2000. The drivers for the reform were the need to streamline and improve service delivery as well as to improve the targeting of programmes. Social welfare benefits are derived from programmes such as the School Feeding Programme (SFP), the National Health Fund (NHF), Programme for Advancement through Health and Education (PATH), School Fee Assistance Programme (SFAP) and the Social and Economic Support Programme (SESP). Although there exists an array of programmes, the take-up rates for some have traditionally been very low, with less than 1.0 per cent of Jamaicans ever applying benefit under them (JSLC 2002). Juxtaposed against poverty levels often in excess of 10.0 per cent it becomes clear that there are significant gaps in the design and implementation of many of these programmes. The notable exceptions have been PATH, which had application rates over 10 per cent, and the School Fee Assistance Programme (SFAP) for which 28.3 per cent of secondary school students applied. Interestingly, only one fifth of poor students in secondary school had sought assistance through the SFAP (JSLC 2007).

Programme for Advancement Through Health and Education (PATH) In 2000, Jamaica embarked on a programme to reform the provision and structure of its main social assistance programmes. The centrepiece of the social safety net reform was the introduction of the Programme for Advancement through Health and Education (PATH), which began operations in 2002. PATH was designed not only to streamline the social welfare system, but the programme was built around the larger concept of social protection, rather than poverty alleviation. As such it was concerned with the long-term effects of social welfare interventions and sought to provide an opportunity for families to escape the intergenerational transmission of poverty. The main objectives of the Programme for Advancement through Health and Education (PATH) are to: Increase the school attendance level of children 6-17 years Improve the health coverage for children 0-6 years Reduce the level of poverty by increasing transfers to the poor Since its inception, the programme has expanded its reach and has increased the number of beneficiaries by 82.4 per cent since 2004 (see Figure 5.1).

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Figure 5.1

Number of Registered PATH Beneficiaries 2004-2009

350000 300000 250000
Number

200000 150000 100000 50000 0 04 '05 06 Year 07 08 09

PATH beneficiaries

Source: PATH Secretariat: Ministry of Labour and Social Security.

Children growing up in poor households are the main focus of the PATH, with more than 75 per cent of beneficiaries being children 0-18 years old (see Table 5.4).

Table 5.4 PATH Beneficiaries as at June 2009

Category Children 0-18 Pregnant/Lactating women Elderly poor Disabled Other destitute poor Indigent Adult and Poor Relief Total Number of Beneficiaries 246, 754 1,170 46,857 9,948 974 16,304 322,007

Source: PATH Secretariat: Ministry of Labour and Social Security.

Programme benefits are applied according to category and, in the most recent revision (2008), according to the gender of students benefiting from the Education Grant. Recognising that where children dropping out of school, with financial difficulty usually the main reason given (Benfield 2007, Blank 2000), and that boys are more likely to leave school prematurely, PATH introduced a benefit structure aimed at giving families the financial support needed to keep all their children, but the boys in particular, in school. Under the new structure, 67

the benefit boys receive is 10 per cent higher than that of girls. In addition, children in secondary school will receive a higher benefit than those at the primary level with an additional amount paid to those at the upper secondary level (Grade 10 and above) while maintaining the gender differential in payments. In order to access benefits, persons must meet certain criteria laid down by the programme. These include the enrolment and attendance at school by school age children (6-17 years), and preventative health care visits for children under 6 years old (see Table 5.5). The emphasis of PATH is on ensuring that children more at risk for school dropout and academic exclusion attend school regularly and have their early childhood development monitored through preventative visits to the health centre. This approach is in keeping with the thrust to provide children living in poverty with the foundation to move out of poverty over the course of their own lives. The nexus between level of schooling completed and poverty in Jamaica suggests that an individuals chances of moving out of poverty is closely connected with the educational opportunities open to them and the extent to which they are able to access these opportunities. Building on this, children who benefit from PATH are required to have at least 85 per cent school attendance rate to secure their continued receipt of benefits. Table 5.5 Conditions for PATH Participation
Beneficiary Group Birth 6 months 6-11 months 12-71 months Adults with Disabilities Elderly Indigent adults and Poor Relief 6-17 years old Pregnant and Lactating Condition for Continued Participation 3 visits to Health Centre 1 visit to the Health Centre 2 visits/year No conditions attached No conditions attached No conditions attached. 85 per cent attendance at school 1 visit every two months

Source: PATH Secretariat: Ministry of Labour and Social Security.

For children under six years old, their parents/guardians are required to take them to the health centre for visits between two and five times per year, depending on the age of the child. Those under one year old have to be taken at least 5 times for the year, while those between 12 and 71 months should make at least two visits each year. Pregnant and lactating women are required to visit a health facility once every two months to retain their benefits under the programme. While PATH has been successful in reaching its target population, the Government of Jamaica continue to explore ways of improving its ability to identify and assist families in need. To this end, it has embarked on an evaluation of the targeting accuracy as well as the impact of the Programme. Both these activities are slated to begin in 2010.

68

Support for Parents: Parenting Interventions. Jamaica has several parenting programmes run by local NGOs, Community Based Organisations - often with funding from International Donor Partners - the GoJ and national parenting groups such as the National Parent Teacher Association of Jamaica and the Coalition for Better Parenting. The Coalition for Better Parenting is an umbrella organization of agencies providing some services and support for parents and families since 1991 with the help of UNICEF and other agencies. The National Parent Teacher Association of Jamaica was established in 2004 with a primary focus on improving home-school relationship and bringing parents into the education system as key rights holders. Both agencies are under funded and under-resourced and have struggled to sustain programme activities and fulfil their mandates. Among the most successful of these parenting interventions has been the Roving Care Givers Programme. An assessment of this programme found that children of participants of the RCP demonstrate better selfconcept, better social integration and autonomy. They also demonstrated better physical, perceptual, cognitive and language skills, better preparation for school, better school performance and better attitudes towards schooling, than non-project children. Box 11:

The Roving Care Givers programme

The Roving Caregiver Model that was developed in Jamaica has been cited internationally as a best practice in parenting intervention. This intervention is specifically targeted at families of poor, unemployed mothers. Under this programme, trained caregivers visit the mothers home on a weekly basis and provide stimulation activities with the child. Typical sessions last between 30 minutes and one hour, and mothers are encouraged to repeat the activities with the children between visits The program is a rural home visiting, early stimulation and parenting initiative, which was designed to provide enrichment to young children and their parents, through training and deployment of a cadre of young Rovers. The program is administered by the Rural Family Support Organization (RuFamSo), an NGO that focuses primarily on rural development and is funded by UNICEF Jamaica, the Bernard van Leer Foundation and the Environmental Foundation of Jamaica (Evaluation Report 2005). The program was introduced in an attempt to address some of the more detrimental aspects of the local scenarios in the early childhood sector, such as low coverage of day care services, high levels of poverty and lack of affordability of day care and inappropriate accessing of services and lack of service integration at the family level as well as inadequate support for children with disabilities. The evaluation concludes that RCP has significantly improved childrens preparation for school. Increased knowledge about child development, appropriate activities for helping young children to learn, and appropriate child rearing practices has helped to increase parents awareness regarding the need for health, safety and good nutrition and the monitoring of immunization status of children. Evidence that children can learn at an early age was also reported to have changed parents attitudes towards early stimulation.

69

Box 12:

Jamaican Children Speak about Parents and Parenting Weshouldnt blame government for not doing enough, sometimes the parents need to do more Parents should be given some form of punishment for the lack of responsibility with their children Sometimes parents put children down and dont know or dont practice building selfesteem Sometimes children frustrate their parents The children felt strongly that: "Children need to be treated with more respect", Parents should give more positive words to the child like you can do it and I love you, etc. that build up their courage to succeed in their education We need to forget the new rules and put in some of the old time rules Children are scared to speak to their parents. Children that speak out are punished. Parents make no effort to understand what children are saying

Support for Parents Jamaican children felt strongly that children should know their parents and live with them in a safe supportive environment.

Government needs to be going into the communities and homes and check if the parents in each household are responsible and have provided the children with food, shelter and clothing and provided with an education Strengthen parenting programmes awareness of what it means to be parents and choose to be a parent or choose not to be one The government should do something about fathers who get woman pregnant and leave them The government should do something for girls who become pregnant and cannot handle the role "Government needs to build houses and provide jobs" Drop the taxes because that means that there is less for us

70

5.2. Children Deprived of Family Environment * UNCRC Recommendation # 37 The Committee recommends that the State party: Expedite the work of the review committee (Keating Report) and take all necessary measures as a matter of urgency to improve the quality of care in Childrens Homes and to protect all children living in such homes against all forms of abuse, seeking assistance from among others UNICEF Review existing legislation on adoption in light of the provisions of the CRC and consider ratifying The Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption.1993

* Concluding Observation #36

The CRC outlines the obligation of States to provide special protection to children who are deprived of a family environment and to ensure that appropriate alternative care is available for such children. The Child Care and Protection Act has widened the definition of the child in need of care and protection, as well as the circumstances which may place the child in such a situation. It also outlines the procedures for searching for and removing a child from his/her home and emphasises that removal from the home should be the last resort. The main vehicle for the implementation of these measures is the Child Development Agency.

The Child Development Agency The Child Development Agency is now the agency with responsibility for children. It is an amalgamation of the functions and operations of three childrens agencies, namely: the Childrens Services Division, the Child Support Unit (mentioned in the previous progress report) along with the Adoption Agency into one identifiable body. The Child Development Agency (CDA) is a public sector Executive Agency for which with the Ministry of Health has overall responsibility. The Agency was awarded full Executive Agency status in June 2004. Under this status the Agency gained autonomy in the areas of financial, human resources and operational management, which is premised on strict accountability and the achievement of agreed Key Performance Indicators (KPIs) and targets. The CDA is headed by a Chief Executive Officer and is supported by four divisional directors with responsibilities for Human Resources Management and Administration, Policy, Planning and Evaluation, Children and Family Programmes, Financial Management and Accounting Services. In an effort to ensure effective service delivery islandwide, the Agency has used a decentralized approach which allows it to provide direct services through four regions, namely; South East, North East, Southern and Western (see Appendix 2 for Organizational Chart).

The CDA collaborates with key public sector units, chiefly; the Ministry of Health, Ministry of Finance and Planning, Planning Institute of Jamaica and the Cabinet Office. The agency also receives some funding support from private sector and other public bodies for special projects. 71

Since its establishment the Agency has made strides in prioritizing the consolidation of alternative care programmes and enhancing the quality of care in residential childcare facilities. There is now a clear strategy being utilized to ensure that children are accommodated in family based environments with institutionalization used as a last resort. As a result of this strategy the agency has been able to increase the number of children placed in family based settings from 40% in 2004 to 58% in 2009.

Children in Care (Child Protection System) As at the end of December 2009 there are 5,985 children in the care of the State. Of this amount 3,443 or 58 percent are placed in the Living in Family Environment programme (Foster Care, Home on Trial and at home on Supervision Order). The remaining 2,542 or 42 percent of children are living across the island in the 60 privately and government-operated childrens homes and places of safety (see Table 5.6). Table 5.6

Child Development Agency Children in Care Per Region Per Placement Category as at December 31, 2009 Region South East North East Western Southern Total Foster Care 363 234 421 165 1183 Home on Trial 477 109 212 152 950 Childrens Homes 1198 141 314 268 1921 Places of Safety 173 67 74 97 411 Supervision Order 570 240 352 139 1301 Other 78 24 58 59 219 Total 2859 815 1431 880 5985

Source: Child Development Agency

During the period April 1, 2004 through December 31, 2009 approximately 2,926 children were placed in their homes on a Supervision Order and an estimated 2,826 were placed on a Fit Person Order. Over the same period 2,133 children attained the age of majority or had their Court Order expire and as a result exited the child protection system. Governments all over the world are encouraged to invest more heavily in and support the various types of alternative care programmes such as foster care, family integration and adoption and to increase support for extended family members who come forward to assist. In light of this the CDA developed a very successful campaign aimed at encouraging foster parenting in 2006. As a result of that campaign there has been a steady increase in the number of children adopted and or placed in the foster care system.

Adoption Services Adoption in Jamaica is governed by the Children (Adoption of) Act, 1958, under which an Adoption Board was established. Despite the fact that the Act predates the CRC, the Board is required, in arriving at its decisions, to consider a key CRC principle, the best interests of the child. The operations of the Adoption Board and overall service delivery was subsumed under the operations of the Child Development Agency over the reporting period. For the period 2005-2008 the Agency completed the 72

processing of 574 domestic adoption applications with the same number of Adoption Orders granted by the Family Court. Under Section 24 of the Children (Adoption of) Act 147 Adoption Licences were issued to citizens of scheduled countries permitting them to take identified named children to these scheduled countries. Licences were issued for Jamaican children to emigrate to the United States, Canada and Sweden. These children were in the 117 year age group. (Adoption orders relate to in-country adoptions, while adoption licenses are issued for inter-country adoptions). Table 5.7 Child Development Agency Adoption Services Activities, April December 2009 Years 2009 2008 2007 2006 2005 2004 TOTAL
Source: Child Development Agency

Adoption Orders 108 174 136 130 66 76 690

Adoption Licenses 38 49 21 52 13 22 195

The CDA in collaboration with the Adoption Board has commenced a general review and work distribution audit aimed at modernizing the services, building transparency and improving response times and customer support. The Government has still not ratified the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption.1993. Foster Care Services At the end of 2009, there were 1,183 children in Foster Care (see Table 5.6) in approximately 900 families across the island. This number has remained fairly constant since 2006 when there were 1,188 children benefiting from this service. Intake Services Over fifteen thousand out of care children and their families had direct access to the services of the Agency through its Intake Services Desks38 island-wide during the fiscal periods 2007/08. Some of the children served were brought before the Courts for care and protection, whereas the others were served through counselling, social protection services intervention and/or referred to other allied agencies for support.

38

These are the entry points for children and their families who need support from the child protection system.

73

Figure 5.1
Reports made to CDA 2007/2008

40 7309

796

795

6690

Abandonment Behaviour Management

Sexual Abuse Neglect and Other

Physical Abuse

Source: Child Development Agency

As seen in Figure 5.1, behaviour management and neglect and other accounted for almost 90 per cent of the concerns reported. More serious criminal issues such sexual abuse, physical abuse and abandonment was the source of 10 per cent of total reports. The CDA provides support for children who appear before the courts daily. The social work team is required to carry out social inquiry investigations (see Table 5.8) and to report findings to the court within specified timelines. These activities are viewed as part of the child protection service delivery and data gathered from such investigations guide the court in making decisions on behalf of children as well as forming part of source materials for development of care plans.

Table 5.8 Child Development Agency: Social Inquiry Reports Social Enquiry Reports (submitted to the Courts) April 2004 December 2009 Operating Year Number of Social Enquiries on behalf of children brought before the Courts 2009 (As at December 2009) 1,029 2008 1,508 2007 1,464 2006 1,354 2005 1,323 2004 1,401 TOTAL 8,079
Source: Child Development Agency

74

Budgetary Allocations In the first year of its operations (2004/05) the CDA was supported by a budget of J$495.5 million. This was increased in 2005/06 by J$334.5 million or 67% over the previous year to stand at J$830 million and was further increased by an additional J$53 million in 2006/07. By 2007/08 the total budgetary provision was J$1.05 billion which is a 22% increase over the previous year and had steady marginal increases thereafter. Despite these increases, budgetary allocations were nonetheless below agency projections, thus restricting activities around basic core deliverables. This resulted in a number of planned objectives being cancelled or rescheduled.
Table 5.9

Child Development Agency Budgetary Allocation

Operating Year 2009-2010 2008-2009 2007-2008 2006-2007 2005-2006 2004-2005
Total Allocation over Reporting Period

Childrens Home 623,369,000 547,813,000 395,476,000 363,881,000 359,997,000 177,736,000

Places Safety

of

Foster Care 74,548,000 65,000,000 57,560,000 72,430,000 71,600 51,665,000

Direction/ Admin 390,871,000 472,290,000 403,775,000 278,569,000 241,935,000 143,360,000

Sub-Total

Office of the Childrens Registry 30,000,000 30,000,000

Grand Total

248,913,000 220,975,000 194,566,000 167,778,000 156,468,000 100,633

1,337,701.000 1,306,078 1,051,377,000 882,658,000 830,000,000 473,394,000

1,367,701,000 1,336,078,000 1,051,377,000 882,658,000 830,000,000 473,394,000

2,468,272,000

1,089,333,000

392,803,000

1,930,800,000

5,881,208,00

60,000,000

5,941,208,000

Source: Child Development Agency

GOJ Response re Keating Report In light of UNCRC Recommendation 37 (a) which requested that that the State Expedite the work of the review committee (Keating Report) the Government took steps to examine a total of forty-six (46) recommendations for implementation through its Ministries/Agencies with responsibility for children. Over the past three years, the Child Development Agency (CDA) has begun implementing all the recommendations, achieving varying degrees of completion and success. The CDA has taken a strategic decision to closely align its Corporate Strategic Plans for 20092012 with the Keating recommendations. This is evident in the Agencys strategies to: Deliver primary prevention programming through inter-agency collaboration; Facilitate significant input and participation from children; Promote family and community care options for children. Increase in the number of clients placed in the Foster Care Programme. Re-configure GOJ residential child care facilities to deliver specific programmes 75

Table 5.12 below provides a summary of the implementation status of all the recommendations put forward in the Keating Report. For details regarding actions that have been taken/initiated, as well as planned actions in fulfilment of specified recommendations (see Annex Table 5-A3). Table 5.10 Summary of CDA Achievements against Keating Recommendations
Recommendation Completed One Off Ongoing (1) Support Required (2) Statuses Recommendation Partially Completed Phased Resource Approach Short-fall (3) (4) Recommendation Outstanding Resource ReLegislative Short-fall scheduled Support (5) (6) (7)

Total Recommendations

46 Total / %age of

23

3 5 or 11%

29 or 63%

12 or 26%

***Status codes are enclosed in parenthesis

Since its inception, the CDA has sought to introduce a new system of alternative care in Jamaica built around the family support model and has also implemented some innovations in the system. These include: Developing a new governance structure to increase its reach across the island and improve efficiency and effectiveness of service Introducing clear protocols, policies, guidelines and supporting instruments for all areas of operation including a Child Care and Protection Service Manual. Initiating a database on children in care, leading to improved planning for individual children and guiding policy development Establishing a Child and Family Support Unit, which provide interventions for situations that can be handled extra-judicially. Establishing a Central Investigation Unit to respond to referrals from the Office of the Childrens Registry within the parishes of Kingston and St. Andrew, St Catherine, and Clarendon which accounts for the majority of the reports received The development of care plans for each child entering the system, including medical and dental examinations. Improvements in the overall institution monitoring system. Licensing all private childrens homes, residential care facilities and places of safety for children. Residential Care: The Agency provides placement and supervision of children in the residential children homes and places of safety (POS). Five Childrens Officers/Social Workers were recruited and trained to work directly out of seven of the government Childrens Homes and Places of Safety. The services of four Clinical Psychologists were introduced to assess and address the psychological problems being faced by our children in care. As part of its monitoring activities, the CDA team investigated over 399 incidents classified as critical incidents39 involving our children in 2008. Critical incidents usually consist of matters pertaining to hospitalisation, accidental injury, child abuse (sexual, physical, emotional neglect and or maltreatment), and

39

Critical Incidents are those matters that negatively impact the child who are living in the care and protection system. Such incidents can be medical hospitalisation, injury, absconding, physical and sexual abuse and death and management of these is governed by a specialized protocol.

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children manifesting uncontrollable behaviour, suicidal ideations, child deaths and others. Over period 20052008 the Agency investigated an average of 400 such critical incidents annually. In addition a Serious Case Review Panel has been instituted to investigate and make recommendations on matters relating to critical incidents of a serious nature occurring in childcare facilities. This panel is comprised of independent medical and mental health practitioners.

Table 5.11

Summary of Critical Incidents Impacting Children in Care April 2004 - December 2009 Number of Critical Incidents 2005
286
Source: CDA

Number of Children Impacted 2009

444

2006
382

2007
501

2008
490

2005
219

2006
352

2007
399

2008
399

2009
403

Over the last five years, the CDA made an average of 1,000 visits annually to police lockups island-wide to ensure that stipulated guidelines governing the manner in which children are to be detained in police lockups were upheld. The Office of the Childrens Advocate however, reported that as at November 2009, there were 61 juveniles in police custody, 58 males and 3 females. Most were held in conditions that breached international guidelines as well as guidelines set out in the CCPA. This has raised strident objection from civil society and remains of concern to the Government of Jamaica. Sub-Sections 66 and 67 of the CCPA stipulate guidelines governing the manner in which a child is to be detained in a police lockup; the separation of the child from adults; and the due notification of such detention to the CDA. The Act, while not specifying any penalties for non-conformance, does make a provision for appeal action through the Office of the Childrens Advocate, which is required to investigate and take appropriate action once a complaint, is made. The police, through the Centre of Investigation in Sexual Offences and Child Abuse (CISOCA), provide the CDA with a weekly report outlining children who are in lockups. Childrens Officers are also assigned the responsibility of visiting police stations/lockups in major towns and cities at least once weekly, while visiting others during the course of carrying out their other duties. Visits made to police lockups and stations during the period April 1, 2004 through December 31, 2009 are outlined in Table 5.12.

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Table 5.12 Monitoring Visits to Police Lockups / Stations April 1, 2005 through December 31, 2009 Operating Years 2009 (As at December 31, 2009) 2008 2007 2006 2005 2004 TOTAL
Source: Child Development Agency

Number of Visits Monitoring Team (Childrens Officers) 1,099 1,519 1,454 1,154 1,097 937 7,260

Education of Children in Care Eligible children in care are enrolled in and allowed to attend school. In addition to attendance at public educational institutions, the GOJ now has a total of 7 trained teachers to support its educational development programme in state-run Places of Safety. Support for skills-based developmental programmes for children ages fourteen and over has continued. Participation in the 4-H Club development programme continued.

Institutional Abuse of Children The Child Development Agency is working towards reducing the number of children in residential childcare facilities to 30 per cent by 2012. 40 In pursuit of this target it focuses on retaining children in their homes on supervision, or the placement of children in its Living in Families Programme, or through foster care. While not the main objective, this strategy may also assist in reducing incidents of institutional abuse. In 2006 a report about issues facing children in State care in Jamaica was presented to the Inter-American Human Rights Commission. The report described problems found in the monitoring system of childrens homes. The report highlighted, among other things: the failure to use the required logs and maintain childrens records; the lack of security; the lack of treatment for psychological or behavioural problems; the inadequacy of facilities; the inadequate levels of supervision; the allegations of corporal punishment; the inappropriate behaviour management systems; the inadequate medical attention and health care; the inadequate monitoring systems and practices.

40

Child Development Agency - 2009-2012 Corporate Strategic Plan.

78

This prompted the Commission to request that the GOJ provide biannual monitoring reports on the state of childrens homes and places of safety. The GOJ has complied with this request and has so far presented nine such periodic reports to the Commission. Challenges In executing its mandate, the CDA faces some real challenges. Among them:

The Agency continues to play a dual role as both client and regulator of the system. Lack of human and other resources to fully effect innovations in governance as a result some aspects of its modernization programme are still incomplete. Plans for recruitment of personnel are unfulfilled because of current employment freeze in the public sector. Untrained and inexperienced staff, low morale and high rates of attrition compromise the quality of institutional care. These factors are exacerbated by the low status accorded to the job of institutional childcare providers in Jamaica. The rise in the number of children with behaviour problems placing many more families in need of State intervention. This contributes to overcrowding and all its attendant difficulties. Physical limitations in juvenile correctional centres sometimes lead to child offenders being placed in Places of Safety, which ideally should provide temporary housing of children entering the tertiary child care and protection system. The slow pace of processing the children in the judicial system, which results in the retention of children in these facilities for prolonged periods. This creates further behavioural challenges for staff that are not trained to manage such children. Details related to these are in Appendix 3 CDA: Challenges and Strategies to Resolve.

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Box 13:
Voices of Children in Care Children felt that: In some childrens homes there is one classroom where everyone goes to school. There are no Grades. Children in homes dont receive the education they will need to survive in the work force. Every child must be taught a skill so that he or she can use it to support himor herself before he or she leaves the home When you lock up the parents there is no one to take care of the children When government puts a child into the system (childrens home) its permanent and only when the child turns 18 he or she is forced out of the system Children need to know their family What if parents dont want to know their child? Sometimes parents do want the child but the government fights against it Sometimes the government is trying to keep the child out of a dangerous environment or a household that cannot afford to take care of the child If the parents really want to see the child, the government cant stop them Parents may see their child if they want, but the government still tries to stop them and thats breaking laws Government officials will allow the child to return to his or her household if it is a suitable place for that child Children in the homes should be paid more attention by having the government supply them with comfort, shelter, clothing and act as a second parent for children who have no parent

(For additional data relating to Theme 5, see Annex: 5-A1 to 5-A7)

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6. BASIC HEALTH AND WELFARE

Convention on the Rights of the Child Article 6: Every child has the right to life, maximum survival and development Article 18 (3): Take all appropriate measures to ensure the right to child care services and facilities, Article 23: Children with disabilities should enjoy a full and decent life in dignity and be able to achieve the greatest possible degree of self-reliance Article 24: The child has the right to the highest standard of medical care possible Article 24: The child has the right to benefit from social security Article 27 para. 1-2: The right to a proper standard of living

6.1. Children with Disabilities * UNCRC Recommendation # 39 Conduct survey to identify the number of children with disabilities including those in government childrens home as well as causes and ways to prevent disabilities More efforts to change traditional attitudes to children with disabilities. Improve access to information and medical facilities. Encourage integration of children with disabilities into regular education system and society More attention to special training for teachers s Attention to accessibility of physical environments for disabled Pay attention to early intervention establish a national system for early detection and referral Seek assistance for creation of more effective specialized institutions, day care centres and training for these children
* Concluding Observations (2003) 38 & 39

During the period under review the Government of Jamaica made some improvements in the conditions for children with disabilities. There were obvious efforts to address some of the comments and concerns emanating from the Concluding Observations 2003. In 2007, Jamaica became the first nation state to sign and ratify the Convention on the Rights of Persons with Disabilities (2006) and the Optional Protocol. The Convention is giving rise to the formulation of a Disabilities Act spearheaded by the Ministry of Labour and Social Security. In addition the National Strategic Plan for Early Childhood Development in Jamaica (2008-2013) has outlined measures to ensure early and effective screening, diagnosis and intervention for families and children with disabilities as well as the training of teachers and parents. Sensitisation programmes have been developed and implemented to prepare communities to deal with children with disabilities. These programmes have collectively brought on board many more willing partners. The Early Childhood Commission has also undertaken a collaborative process with HEART/National Training Agency to upgrade training programmes for childcare staff to include the disability awareness and development of competencies for supporting the development of children with special needs. Some strategies and achievements of the National Strategic Plan are elaborated under Theme 7: Education, Leisure and Cultural Development. There is no single Ministry of Government with a direct responsibility for children with disabilities. Currently a multi-sectoral approach is used where special education needs are addressed by the Special Education Unit of the Ministry of Education, health issues are dealt with by the Ministry of health and social welfare concerns are 81

handled by the Ministry of Labour and Social Security which has a section manned specifically to deal with issues of persons with disabilities. Consequently this Ministry is seen as the Ministry with primary responsibility for persons with disability. Currently there is no available national data to determine percentage of children below age 18 with disabilities. However, in 2007/08 there are approximately 6,028 children in the twenty special schools and Non-Government Organizations islandwide representing different disability grouping. Early Stimulation Programme (ESP) The early childhood period is the period during which most disabilities are identified. Consequently a great deal of work has been done in areas such as; early detection and early intervention and the placement and monitoring of children with special needs into the Early Stimulation Programme which provides an assessment and early intervention programme for children with disabilities from birth to six years old. Clients are served from across the island but it operates primarily in the Kingston Metropolitan Area. The Programme offers: Professional identification and assessment of developmental disabilities in pre-school children Formulation and implementation of specific intervention programmes catering to the individual needs of these children Provision of home-based teaching in order to minimize the need for institutionalized care A resource centre which provides consulting services, referrals and intervention programmes and parenting training for the benefit of other agencies serving young children While the ESP provides services in Kingston and its environs, the 3Ds Project and the Rural Services for Children with Disabilities in the past decade developed a strong community based service within the homes of children with special needs. However, with declining donor fund support these programmes have been significantly curtailed. The Early Childhood Act and Regulations (2005) state that children with disabilities should not be excluded from early childhood institutions. It also outlines the roles and responsibilities of institutions and parents. Additionally all early childhood institutions built after the commencement of the Act are required to have facilities designed to allow access for persons with disabilities. Transformation of the education system will ensure greater inclusion, contingent on the nature and severity of the disability and the availability of human and financial resources. Government supports NGOs that offer community based programmes to disabled students who cannot access mainstream education. Community Rehabilitation Workers visit the homes and work with parents and children. The Combined Disabilities Association a cross-disability organization was established in 1981 which has done much work in the areas of advocacy and public education. This resulted in much consumer pressure and as a result, despite the fact that the building code has not yet been passed, most supermarkets, hotels, public buildings have reconfigured or instituted access for persons with disabilities to meet international standards. The National Policy for Persons with Disabilities continues to provide a framework for the Government to develop and implement policies designed to provide equal opportunities for people with disabilities. The Policy takes into account the United Nations Standard Rules on the Equalization of opportunities for persons with disabilities. The Jamaica Council for Persons with Disabilities (JCPD) also addresses the concerns of persons with disabilities. The JCPD was established in 1971 following a study commissioned by the Government to assess the needs of Jamaicans with disabilities. Operating under the Ministry of Labour and Social Security it is currently the Government agency responsible for rehabilitation, vocational training and placement of persons with disabilities in Jamaica. Its primary focus is the Equality of Opportunity between the able-bodied and the 82

disabled. It seeks to establish economic independence for persons with disabilities through their own effort and labour. These efforts are complemented by the National and Vocational Rehabilitation Service for the Disabled which promotes and undertakes programmes to allow for the full participation and equality of all disabled persons at all levels in the society, by achieving the following objectives: Preparation and maintenance of a national registration of persons with disabilities; Development and maintenance of an effective vocational training department within the Council; Co-ordination of the abilities and potential of the disabled through self-help projects; Promotion and co-ordination of a National Disability Awareness Week of activities; and the Maintenance of a quality service for clients seeking assistance through agencies such as Abilities Foundation which is jointly supported by MLSS and HEART/NTA to provide vocational skills training for youth with disabilities.

Box 14:

Jamaican children ask questions about children with disabilities

Why is it that some children with a disability are disowned by their parents? Can the government provide children with disabilities more schools in which they can be taught? Why do some teachers beat children because they are disabled or cannot even understand or read questions or do the work? Why do deaf children get abused by their parents when they have done nothing wrong? Why is it that parents do not accept deaf children? Why cant children who are disabled go to school? Why do men prey on disabled children?

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6.2. Health and Health Services *UNCRC Recommendation # 41

Continue to improve health infrastructures through international co-operation Ensure access to basic health care and services for children including mental health services. Increase access to safe drinking water and sanitation Intensify efforts to improve the safety of children via life skill education campaign, review preventable measures, guide, community programmes and mental health services.

* Concluding Observations (2003) 40 & 41

The progress report on the MDGs outlined that Jamaica ranks high among developing countries in the health status of its population, mainly because of its primary health care system, which reaches into deep rural areas. The country tries to make good basic health care affordable. However as a result of the persisting debt burden and other forms of financial and economic difficulties the health system continues to be threatened by staff shortages, lack of equipment in some health centres and the need for improved infrastructure in others. The report states that the Ministry of Health (MOH) is now preparing a framework for a renewed primary health care strategy and has earmarked funding for the first phase. This framework is necessary to promote sustainability, quality and cost effectiveness despite the challenges of a changing health landscape. The four key strategic areas of the renewed PHC model focus on strengthening leadership, the information system, health financing and human resources. Children have however benefited greatly from two major successes in the health system - the provision of subsidized drugs through the National Health Fund (NHF) established in 2003 and the removal of user fees from all Government Hospitals and clinics island-wide. The National Health Fund provides drugs for 15 medical conditions with a small flat dispensing fee (US45 cents) for the elderly and a subsidy of over 80% for the rest of the population. These drugs from the VEN (vital, essential and necessary) list cover both generic and non-generic. Private pharmacies, skeptical at first, have now bought into the system with the great majority persuaded by the government to become involved. The programme is complemented by an electronic health record system with 400,000 chronic disease patients across the country. The NHF is sustained financially through an excise tax on tobacco and by the National Insurance (NIS) Fund. This creative model used by the NHF is considered a health financing best practice. Jamaica is currently exploring other financing opportunities through publicprivate sector partnerships. Health services to Jamaican children are provided through public health centers island-wide and the Bustamante Hospital for Children in the Kingston Metropolitan Area.

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Table 6.1

Health Services Provision in Jamaica

TYPE 1 Serves 2,000 to 4,000 persons Maternal and Child Health Services - Antenatal - Postnatal - Child Health - Immunization - Nutrition Monitoring and Support Health Promotion/Education and Community Participation TYPE 3 As in Type 2 plus - Health Promotion/Education - Full Time Curative and Mental Health Services - Dental Health - STDs Services - Specific Specialist Services in selected clinics e.g. Child Guidance Dermatology - Laboratory Services TYPE 4 As in Type 3 plus Parish Administrative Headquarters - Financial Management - Personnel - Coordination of services/ supervision - Transportation Management

TYPE 2 As in Type 1 plus - Health Promotion and Illness Prevention - Veterinary Public Health and Food - Hygiene/Food Handlers Clinics - Water Quality - Solid, Liquid and Excreta Disposal - Surveillance and Disease Control - Specific Communicable Diseases eg. TB and Hansens - Malaria and Childhood Diarrhoeal Diseases - STD - Other Communicable Diseases - Rheumatic Fever Prophylaxis - Curative Services - Common Medical conditions - STD - Acute and Chronic Diseases - Dental Services (visiting)

TYPE 5 Serves densely populated urban areas As in Type 3 plus Rape Unit Child Guidance Specialist STD Services Specialist Dermatology Clinics Research/Specialist Projects Higher Level Laboratory Services

Other Classifications: (1) RURAL MATERNITY CENTRES/ COMMUNITY HOSPITALS (2) FAMILY PLANNING CLINICS

(3) DENTAL CLINICS

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Key health indicators for Jamaica as stated by the Economic and Social Survey, Jamaica, 2007, and the Statistical Institute of Jamaica (2008) are listed in Table 6.2

Table 6.2
Health Indicators: 2003-2007 Years
Health Indicators

2003
Life Expectancy at Birth (years)^ Contraceptive Prevalence (percent)* Total Fertility Rate (per woman)* Crude Birth Rate (per 1,000 mean population)^ Crude Death Rate (per 1,000 mean population)^ Infant Mortality Rate (per 1,000 live birth)^ Child < 5 years mortality rate (per 1,000 live births) Maternal Mortality Ratio (per 100,000 Live Births)** (hospital based) 74.13 68.8* 2.5 19.3

2004
74.13 69.1* 2.5 17.6

2005
74.13 69.01* 2.5 17.25

2006
74.13 69.01* 2.5 17.04

2007
74.13 69.01 2.5 17.0

6.0 19.9 n/a

6.3 19.9 n/a

6.1 19.9 31.3

5.69 19.9 32.0

6.37 21.3 25.4

106.2**

106.2**

94.8***

94.8***

94.8***

Sources: ^Statistical Institute of Jamaica, 2008, ^ Life Expectancy at Birth is based on average deaths for the 3-year period 2002-2004, centred on the population for 2003 * Reproductive Health Survey 1997, 2002, ** Access to Care and Maternal Mortality in Jamaican Hospitals 1993-1995 *** Surviving Pregnancy in Jamaica Changing Epidemiology and Challenges in the 21st Century, 2001-2003 Note: General Fertility Ratio per 1000 females 15-49 yrs (mid-year pop.) is 62.3(STATIN) (2007) n/a = not available

Infant Mortality Data from the MOH (2007-2008) outlines rates of infant and under-five mortality as: IMR-21.3/1,000 live births < 5yrs MR-25.4/1,000live births Proportion of children with low birth weight-approx 11% Proportion of children with moderate to severe underweight (4%) wasting and stunting One important gap in the full and accurate assessment of the IMR is the incompleteness of institutional data on the total number of births in Jamaica each year. A recent study by the Ministry of Health (2004) indicates that there is a 10 per cent difference between the total number of births reflected in hospital records and the total number of registered births in the island41. Although the Medium Term Social and Economic Framework (MTSEF) of Jamaica, in assessing advancement towards attainment of the Millennium Development Goals

41

K Fox et.al (2004): Assessing the Level of Birth and Birth Registration in Jamaica.

86

The MDG Report notes that Jamaica is lagging in progress towards child mortality targets, it must be noted that the reductions - reduction by two-thirds - set by the MDGs are difficult to achieve from an already low base. Existing data indicate that the majority of infant deaths occur during the neonatal period. Reductions will require expanding neonatal care services and must take cognisance of the increasing disability rates that accompany survival of the very pre-term infants, with plans made to provide support services to address the needs of these infants. The National Early Childhood Strategic Plan is expected to expand screening and service delivery to the 0-3 year population through public health clinics, targeting 30% of health centres in order to offer high quality well child services by 2011.

Maternal Mortality While deaths from direct causes declined by 49% between 1987 and 2006 due to improved health management and improved access to obstetric care, over the corresponding period, there was an 83% increase in deaths from indirect causes, negating these gains. The incidence of HIV and AIDS in the antenatal population has been a significant factor as well as morbidity from hypertension, heart disease (now the second leading cause of maternal death) and diabetes, often associated with obesity even in young mothers. A factor affecting the monitoring of maternal mortality is the need for accurate and consistent measurement. No data has been available since 2001 due to unresolved data management issues. Available data from the MOH shows: Approx 85-90% of pregnant women (58% in the public sector) have access to and benefit from prenatal care Approx 85-90% of pregnant women (67% in the public sector) have access to and benefit from postnatal care 97%of children born are born in hospitals All doctors (100%) and 70% of all nurses trained in hospital care and delivery 94% of mothers practice exclusive breastfeeding at birth, 43.9% for six weeks and 32.3% for 3 months

Immunization The Primary Health Care system in Jamaica has achieved high levels of immunization. In addition there is quality antenatal care, which provides care for high risk mothers to the extent that over 98% of mothers have at least one antenatal visit and over 87% have at least four visits. More than 90% of women attending antenatal clinics are now tested for HIV. With the introduction of antiretroviral treatment the mother to child transmission rate dropped below 10% by 200742. Nationally, immunization coverage averaged 83.8 percent in 2007, which was below the 95.0 percent target. However, the immunization coverage for BCG, OPV, DPT/DT, Hib and Hepatitis B increased when compared to the previous year, while Measles/MMR coverage fell considerably (by 12.9%) in comparison to 2006. BCG registered the highest coverage overall (87.4%) (see Table 6.3).

42

MDG Report

87

Table 6.3:
Trends in Immunization Coverage for Jamaica: 2003-2007
Year 2003 2004 2005 2006
#

BCG 89.6 89.6 94.5 85.1 87.4

OPV 83.8 75.4 83.6 81.2 84.8

DPT/DT 84.9 81.2 87.5 80.7 85.0

Measles/ MMR 78.6 85.9 84.0 89.1 76.2

Hib n/a 77.4 88.6 82.7 85.0

Hep. B n/a 76.9 87.2 82.6 84.7

Average Coverage 84.2 81.1 87.6 83.6 83.8

2007*

Source: Ministry of Health and Environment, Planning and Evaluation Branch # * Preliminary data Revised data n/a = Hib and Hep B were not introduced until June 2003

This dip in MMR/Measles coverage could be blamed on several factors, which will have to be addressed to ensure 100% coverage. Among them the following: Severe shortage of public health nurses and midwives in most parishes resulting in Immunization Clinics being compromised; Schools accepting children without full immunization. This can be eliminated with improved inspection; Insufficient Community Health Aides, who assist in monitoring immunization status and identifying and referring children not immunized, as well as educating parents and caregivers; and Young parents who have never seen these preventable diseases and do not take their children for vaccination when they are otherwise well. Nutrition Services in Child Health Indicators of child nutrition in Jamaica show persistent levels of undernourishment well above international standard (Jamaica Survey of Living Conditions various years), largely concentrated among the poorest children. Over-nutrition or obesity has also emerged as a nutritional concern among children, particularly those in the wealthiest households. The problem of poor nutrition therefore affects both wealthy and poor children in Jamaica and hence lends itself to an overall national intervention, reaching all sectors of society. Nutrition services are recognized to be fundamental to the maintenance of health and the prevention and treatment of ill health. From a health promotion perspective, Infant and Young Child Feeding (including breastfeeding) continues to be an area of focus, with the objective of increasing the prevalence of exclusive breast feeding at six weeks by three percent above the figures for 2005 (Table 5.8 demonstrates the yearly progress made). Data from 2007 revealed 186,914 (89.7%) of all children 0-35 months attending public facilities had normal weight for age. A total of 14,406 (6.9%) children between 0-35 months were above normal weight for age. Eighty (0.03%) males and 89 (0.04%) females (0-35 months) were severely under weight. There has been a decrease (0.12%) in severe malnutrition (from 193 to 169) between 2006 and 2007 (see Table 6.4). The Government continues its efforts to improve nutrition of children at this level through interventions such as the Schools Feeding Programme which provides lunches for children mainly at basic and primary schools.

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Table 6.4:
Trends in Nutritional Status of Children 035 months Attending Public Health Sector Facilities: 2003-2007*
Year 2003 2004# 2005 2006 2007* Above Normal Male 15,380 14,574 14,826 14,560 14,406 100,926 97,982 100,557 97,248 93,152 Normal Female 100,654 97,503 101,325 98,049 93,762 Total 201,580 195,485 201,882 195,297 186,914 Male 2,693 2,731 2,178 2,368 2,164 Moderate Female 5,736 5,359 4,900 5,233 4,705 Total 8,429 8,090 7,078 7,601 6,869 Male 65 54 65 93 80 Severe Female 110 87 102 100 89 Total 175 141 167 193 169

Source: Ministry of Health and Environment, Planning and Evaluation Branch # * Preliminary data Revised data

Breast Feeding The rate of exclusive breastfeeding continues to be monitored at six weeks and three months. Provisional data in 2007 revealed that babies visiting government health centres who were exclusively breast-fed represented 43.9 percent while at 12 weeks it was 32.3 percent (see Figure 6.1). Several factors are responsible for this relatively low level of breast feeding, not least of which is the fact that mothers often have to return to work as the maternity leave provisions only allow for fifty-six continuous days (including weekends) of paid leave. Cultural practices and misinformation also affect breastfeeding practices. Only approximately one-third of children are breastfed at three months. Continuous efforts by the Ministry and its partners have not resulted in changes in these rates over the years.

Figure 6.1: Exclusive Breast Feeding Status among Babies visiting Public Health Sector Facilities: 2003-2007

50.0 45.0 40.0 35.0 30.0 25.0 20.0 15.0 10.0 5.0 0.0 2003 2004 2005 Year 2006 2007

Percentages

6 weeks 12 weeks

Source: Ministry of Health and Environment, Planning and Evaluation Branch

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Water and Sanitation MOH figures indicate that currently the percentage of households without access to safe drinking water is approx 10%. Improved water sources and improved access is a critical target for those currently without safe drinking water. This issue is being addressed by the Ministry of Water and Housings Rural Water Supply agency, which, harnesses small streams, rivers, and springs to supply isolated communities. It also organizes public trucking of water to designated areas. The promotion of private sector partnership has resulted in eight licenses being issued to private companies to supply potable water. The percentage of households without access to hygienic sanitation facilities stands at 25%. Efforts to ensure improvement in basic sanitation quality, enabling universal access to water closets have been a primary focus. Increased attention is also being paid to upgrading sewage plants, cleaning drains and improving garbage collection in order to combat pests, improve vector control and to mitigate damage from natural disasters.

Special Safety and Protection Initiative (Guidelines for Child-Friendly Disaster Management and Response) Jamaica is highly vulnerable to natural disasters and as was noted in the Introduction is ranked by the World Bank as a natural disaster hotspot with frequent hurricanes and flooding especially in recent years. To improve the safety and protection of children during disasters the Office of Disaster Preparedness and Emergency Management (ODPEM) in collaboration with UNICEF felt it necessary to provide guidelines to ensure that risk management, especially disaster management in Jamaica uses a child-rights approach. To this end, a booklet which serves as an aide-memoir for planners and implementers in times of emergency was developed and disseminated. The booklet provides a succinct checklist, which makes it easy for any practitioner to refer quickly to the appropriate sector for guidelines and assistance as well as the quick identification of agencies with responsibility for ensuring that the activities and guidelines outlined in each sector are implemented.

Health Issues by Age Group Children 0-9 years old The number of children in this age group totaled 472,500 and constituted 1.5 per cent of the general population. Data from the Ministry of Health indicated that 43.1 per cent of six weeks babies seen at public clinics between January and September 2008 were exclusively breast-fed compared with 43.7 percent of the corresponding period in 2007. This represents a decline and continues to be well below the countrys target of 60 per cent exclusive breast-feeding at six weeks. The data also revealed that 31.2 per cent were exclusively breast fed at three months compared with 31.9 per cent in 2007. Unintentional injuries affecting this group included burns, poisoning, motor vehicles accidents, accidental lacerations and bites. Data from the Accident and Emergency units of public hospitals indicate that 640 children suffered burns, the most for any age group. This group also accounted for 25.7 per cent of all cases of accidental lacerations. In relation to intentional injuries, this age group accounted for approximately 12.1 per cent of sexual assault cases, and 1.5 per cent of gunshot cases. However blunt injury accounted for 64.7 percent of all intentional injuries with boys accounting for 36.8 per cent more injuries than girls.

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10-19 years There are 526,300 persons in this age group constituting 19.5 per cent of the countrys population. Key health issues included violence related injuries, motor vehicle accidents and reproductive health issues. Data from the MOH reveal that adolescents accounted for 22.4 per cent of antenatal and 19.8 per cent of postnatal visits at the islands public health centres between January and December 2008. Of new family planning acceptors, adolescents accounted for 21.3 per cent. With respect to injuries, hospital data revealed that the 10-19 years age group had the largest number of cases seen at the Accident & Emergency (A&E) departments at public hospitals. This age group accounted for 27.3 percent of all intentional injuries with approximately 10 percent more males than females being injured. In terms of unintentional injuries this group accounted for 22.1 per cent of cases seen at the A&E departments, with almost twice the number of males compared with females. Approximately 39.3 per cent of attempted suicides were by adolescents with the majority being among adolescent females. Eight times more adolescent females than males attempted suicide. In relation to psychiatric cases, this age group accounted for 13.8 per cent of all cases seen at A&E departments at public hospitals. Gender-based violence continued to be a challenge faced primarily by women and children. The majority of victims of sexual assault were under 19 years old (57 per cent).

Financing Health Care The government tries valiantly despite the stringencies to make adequate preparation and allocation for children in the health sector. The total Ministry of Health and Environments expenditure in the 2007/08 fiscal year, was J$21,894,382 billion, which represented a 0.8 percent improvement compared to the J$17,830,563 billion expended in 2006/07. This budget expenditure can be broken down into, J$20,937,266 billion (recurrent), J$149,531 million (Capital A) and J$807,585 million (Capital B). 43 Jamaica spends between 4 and 5.5% cent of the national budget on health care with a GOJ target of increasing this to 10 -15%. Financing health service delivery is a major challenge as the current expanded demand on the resources combined with the human resource constraints from migration of health personnel threatens to overwhelm primary care delivery process. An effort to identify specific provision in the GOJ budget for children found that it was impossible to isolate the share spent directly on children from the health budget as presented. Since May 2007, there have been positive developments in the health sector that benefit children. Among them the fact that health care at the 340 public health clinics and the 23 public hospitals (excluding the university teaching hospital) has been free to all children under 18 years, and, since April 2008, to the general public. This measure abolishes the user fees introduced previously as a cost sharing measure.

43

Invest in our Children Build our Nation - A Review of Economic and Social Investments for Children (2007) Prof Michael Witter

91

Box 15: CAMP Bustamante

An experimental UNICEF-funded Child Abuse Mitigation Project (CAMP Bustamante) was set up in 2004 in the national childrens hospital (the Bustamante Childrens Hospital), for children in the 0-12 year old age group. The project had three objectives: 1. 2. 3. To develop and implement a hospital-based model to identify and refer victims of abuse and violence To improve parenting skills and conflict resolution skills To develop and implement an intervention model within the childs environment (home, school, church) through interaction with existing community based programmes

A small staff of social workers and one psychologist was employed to the project. Over the period of its existence they investigated 1,284 cases (4 per 1,000) referred from the Accident and Emergency Department as suspected victims of physical abuse, sexual abuse or with gunshot wounds. The number of boys and girls were almost equal. Over half of the injured children (53 per cent) were between 8 and 11 years and almost a third (30 per cent) were 4-7 years old and 16 per cent were 0-3 years old. The majority of victims had injuries from physical abuse (including use of a blunt object, pushing or stabbing), over a quarter (28 per cent) had been sexually molested or assaulted (nine out of ten being girls) and seven percent had gunshot wounds. Almost half the victims (49 per cent) were injured in their home surroundings); 16 per cent at school and 14 per cent on the street. Staff would investigate, visit homes, give immediate counseling and refer when necessary. They conducted parent education and conflict resolution sessions and invited selected clients to attend weekly and/or summer art, music and recreational camps to encourage the building of life skills and create spaces to assist the healing process. The project was recently assessed as a best practice model, the only one of its kind in the English-speaking Caribbean. Due primarily to financial constraints the project closed in December 2008.

Box 16:

Jamaican children speak about Health Services

There should be clinics near the homes where children live There should be a mobile clinic that visits childrens homes Hospital bills should be free if you cannot afford it. The government should provide a form of service to take children to the hospital and have regular immunizations or shots given to prevent disease and sickness Someone should come to homes and inspect the children and their health Parents need training in growing healthy children

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6.3. Adolescent Health * UNCRC Recommendation # 43 Increase efforts to promote adolescent health including mental health policies, substance abuses and health education in schools with the full participation of adolescents. Consider means of reducing teenage pregnancy by strengthening reproductive health education programmes, family planning campaigns to change attitudes to fertility and sexuality. Provide health-counselling support for pregnant girls and assist them to continue their formal education
* Concluding Observations (2003) 42 & 43

The Government recognizes the links between reproductive health, adolescent sexual health, fertility and sexual knowledge, attitudes and practices and their impact on health, education and poverty reduction. Family planning programmes under the National Family Planning Board have been very successful in reducing the fertility rate from 4.5 children per woman of childbearing age in 1975 to the present 2.5 children per woman. UN agencies such as PAHO, UNICEF and UNFPA have provided critical support in health areas related to women and children, the latest being the joint Safe Motherhood Programme. The government aims to maintain a focus on educating children and adolescents in an effort to further influence reproductive health and practices to keep family size at manageable proportions.
Table 6.5:

Number of Adolescent Births at VJH, STH, SAB, CRH and Mandeville Hospitals: 2003-2007
Hospitals 2003 Victoria Jubilee Spanish Town St. Anns Bay Cornwall Regional Mandeville 1,938 1,135 791 814 864 Number of Births by Year 2004 1,943 1,065 731 749# 828 2005 1,777 1,187 653 776 969 2006 1,760# 1,163 610 640 815 2007 1,762 1,199 637 782 566

Source: Ministry of Health and Environment, Planning and Evaluation Branch # = Revised;

The number of adolescent births in the selected hospitals above registered a fluctuating pattern over the fiveyear period. However, when compared to 2006 there was general increase in the numbers in 2007 with the exception of Mandeville Hospital. This was due to the fact that data was only collected for the 12 18 year olds. As was already indicated, the Ministry of Health refers to the 10-19 age group when addressing this developmental stage. As is customary, Victoria Jubilee Hospital (VJH) had the highest number (1,762), and this may be due to the fact that it is the only hospital in Jamaica that caters to maternity needs only. In the year 2007, Cornwall 93

Regional registered the highest increase (782) and St. Anns Bay Hospitals (637), increased by 22.2 percent and 4.4 percent respectively, when compared to 2006 (see Table 6.5). The adolescent fertility rate remains high despite a significant reduction from 1997 to 2002. Twelve per cent (12%) of sexually active 15-19 year old females have had between two to three pregnancies. With respect to HIV and AIDS, adolescent females 10-14 years face twice the risk and those 15-19 years three times the risk of contracting the disease due to transactional sex, forced sex and sex with older HIV infected male partners. Influencing sexual decision-making among youth has become extremely important, not only in relation to STIs and early pregnancy but also from a human rights perspective of personal choice and control. Preteen and teenage girls are recognized as a vulnerable group. Many are not sufficiently empowered to resist male advances or to insist on safe sex practices. In a recent school-based survey of 10-15 year olds, of the 6% of girls who reported they had had sexual intercourse, an alarming quarter stated they had been forced. In a parallel community-based survey of 15-19 year olds, 48% had had sexual intercourse and one in five reported being forced. The Womens Centre of Jamaica Foundation The Womans Centre of Jamaica Foundation, with seven centres across the island, operates a very successful programme educating adolescent mothers when they leave school during pregnancy, training them to care for their babies immediately after birth, and assisting them to re-enter the formal school system to complete their education. The young fathers and the families of both parents are included in the centres outreach. Starting as an NGO and now under the Ministry of Youth, Sport and Culture, they have assisted over 35,000 teenage mothers since 1978. Tracer studies have demonstrated their success in halting the mother to daughter cycle of adolescent pregnancies. Perinatal Health Perinatal mortality levels remained a concern to the health sector as early indication from Hospital Monthly Statistical Report (HMSR) data for January to September showed mortality rates of 29.2 per 1,000 births. The Perinatal mortality study, which was completed in 2006 and presented in early 2007, indicated that the perinatal mortality for Jamaica in 2005 was 34 per 1,000 births. Internationally, the gestational age for reporting stillbirths differs from 22 to 28 weeks. The national practice of using differing gestational ages for stillbirths from 22 weeks to 28 weeks is to be examined bearing in mind that generally a viable foetus is 22 weeks gestational age. Focus was placed on standardizing neonatal emergency care in order to reduce perinatal mortality. With the assistance of PAHO, some 500 copies of a field guide detailing various aspects of care of the newborn were printed and disseminated to newborn nursery staff. Training of maternity staff in newborn resuscitation was conducted and 26 doctors and 36 nurses/midwives participated. Friends of Jamaica, Illinois, supported the six one-day training sessions conducted by the training team of two overseas midwives and four local paediatricians (including two neonatologists) in the Western, South East and North East regions. The training session scheduled for October had to be postponed due to the unavailability of the overseas trainers. Plans are in place to have this training in the Southern region in the first quarter of 2008. In this environment therefore, much emphasis has been placed on public education and the provision of counselling services and referrals in dealing with the prevention and treatment of adolescent health concerns. Education is done in the formal school sector through the Health and Family Life Education (HFLE) Curriculum and in the non-formal sector, through aspects of the curriculum and a menu of other initiatives.

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A variety of programmes using a wide range of creative child participation methodologies as well as the media have also been used to address adolescent sexual and reproductive health issues, including unplanned pregnancy and STIs. These programmes also promote voluntary abstinence and make referrals to appropriate counselling services designed specifically for young people. The current Teen Seen television programme is quite popular among adolescents as it utilises the edutainment approach wherein entertainment is used as a vehicle for education and information. Content for each programme focuses on a particular topic for discussion from among the many issues that affect children and adolescents. Counseling services are provided by the Family Planning Clinic through a call-in, walk-in and write-in service managed by a trained nurse/counselor. The service is known as the Marge Roper Programme and targets persons in the reproductive age group, providing them easy access to information and counselling on Family Planning/Family Life Education (FP/FLE) issues. Persons wishing a private, confidential and personal session with the counsellor can just walk into the office and persons who wish to remain anonymous can access the service by calling the specifically listed numbers. Contraceptives such as the pill and the condom are dispensed by the Marge Roper services. The counsellors also maintain a referral system with appropriate agencies within the country, in order to cater to the needs of clients that the National Family Planning Board (NFPB) is unable to address. The Communications Unit of the NFPB produces a variety of sexual and reproductive health education materials that are geared to the various target audiences; these include teachers, guidance counsellors, students and parents. In addition, from time to time training officers from the Outreach Department will visit schools or centres which request their expertise to give presentations or engage the various audiences in rap sessions. In addition, workshops are conducted islandwide for persons such as community health aides, nurses, teen mothers, and professional persons such as members of the police force. Regarding the new policy guidelines, the policy applies to the provision of contraceptive advice, counseling and treatment of persons under 16 years by health professionals at a health facility. The actions to be followed by the health care professionals are clearly laid out in the policy. The following responds to the request for the number of adolescents affected by early pregnancy, sexually transmitted infections, mental health problems, and drug and alcohol abuse: Table 6.6: Age-Specific Fertility Rates (15-17 years) and Total Fertility Rate Jamaica, By Maternal Age, Compared With 1975 Fertility Survey, 1983, 1989 and 1993 CPS, and 1997, 2002 and 2009 Reproductive Health Survey Year Age-Specific Fertility Rates (per 1000) 1975 137 1983 122 1989 102 1993 107 1997 112 2002 79 2008 71
Source: Reproductive Health Survey, 2008

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According to Table 6.6, over a span of 33 years, comparisons made for the years 1997, 1983, 1989, 1993, 2002 and 2008 show a marked decrease in the Age-Specific Fertility Rates (ASFR). For the year 2008 the ASFR (per 1000) was 71, compared to 137 per 1000 for the year 1975. This amounts to a decrease of 66 (per 1000) between the comparative years 1983 and 2008. Although showing significant improvement the statistics re pregnancies in the 15-17 age group, remain a concern. The Age-Specific Fertility Rate is the number of births occurring annually per 1,000 women in a specific age group (usually given in 5 year groups). It is calculated by dividing the number of children born to mothers in a given age group by the total number of women in that age group multiplied by 1,000. Table 6.7:
Planning Status of Last Pregnancy of Young Adult Women Aged 1519 who had Live Births in the Past Five (5) Years or who are Currently Pregnant Comparing 2002 RHS and 1997 RHS
Age Group Planned 15-17 18-19 2.8 14.0 Mistimed 86.1 82.2 Planning Status 2002 Unwanted 4.2 0.4 Unplanned Unknown 0.0 1.9 Unknown 6.9 1.5

Age Group Planned 15-17 18-19 9.1 15.6 Mistimed 84.6 76.4

Planning Status 1997 Unwanted 2.9 4.3 Unplanned Unknown 1.9 0.8 Unknown 1.5 2.9

Source: Reproductive Health Survey, 2002

As shown in Table 6.7, the overwhelming majority of teenagers and youth report that their pregnancy was mistimed, although only very small percentages consider the pregnancy unwanted. Data suggests that the prevalence of Sexually Transmitted Infection (STI) among male adolescents and youth has fallen marginally between 2004 and 2008. For young women, the prevalence of STIs was climbing, almost doubling over the four year period. 44

Child and Adolescent Mental Health Child and adolescent mental health services are provided primarily through the Child Guidance Clinics of the Ministry of Health. These clinics provide child mental health services and counselling for both children and parents. Since 2007 these services have expanded from the original three locations to a decentralized network of clinics in all four Regional Health Authorities in the island. In addition to clinical services, the Child Guidance Clinic provides technical guidance and support, including training in the management of children and adolescents with mental health problems. The Child Guidance Clinic developed guidelines for the management of child abuse in 2005, and 100 health workers received training in this area.
44

Source: 2008 HIV/AIDS Knowledge Attitudes and Behaviour Survey, Jamaica

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The majority of referrals to the Child Guidance Clinic come from schools. In order to promote the services offered by the Child Guidance Clinic and make teachers more aware of the symptoms of mental health problems, a series of seminars were held in all six (6) regions in the Ministry of Education. The Child Guidance Clinic identified the main components of an implementation plan for Child and Adolescent Mental Health services, which are based on the five-year Mental Health Strategic Plan, developed by the Ministry of Health. In this regard, a two-day workshop focusing on the Effective bio-psycho-social assessment of the Traumatized Child was held with over 80 participants from a variety of tertiary care institutions. The Childrens Advocate in the 2007/2008 Annual Report pointed to the treatment of children with mental health issues and those with disabilities as major gaps in the health system. The Advocate noted that despite the fact that mental health services are provided by Bustamante Childrens Hospital and the Bellevue Hospital there is a huge gap with respect to the adolescent age group (13-18) which needs immediate attention. Additionally, children who are referred from institutions such as childrens homes, places of safety and juvenile correctional centres have to return to these institutions where the members of staff are not trained to deal with their emotional and mental health problem. The Child Guidance Clinics operate with huge backlogs as many clinics operate once per week. In view of this fact, the Advocate recommended that the services of the Child Guidance Clinics be further expanded. 45 Table 6.8 shows that the most frequently occurring depressive symptoms [among adolescents aged 15-19 are: feeling down/depressed, little interest/pleasure in activities, change in appetite and change in sleep pattern, collectively reported by more than 30.0% of youth15-19 years of age. All symptoms reported a higher percentage of frequency in females than their male counterparts.

Table 6.8:
Percentage (%) of Mental Health Symptoms [Among Adolescents Aged 15-19] by Sex, Jamaica, 2006 Mental Health Symptoms Feeling Hopeless or Stopped Activities ^ Feeling Down or Depressed * Little Interest/Pleasure in Activities * Change in Appetite * Change in Sleeping Pattern* Feeling Guilty or Worthless* Consider Suicide Attempted Suicide Planned Suicide Male 12.0 24.5 31.8 26.5 13.4 13.4 2.8 1.4 1.1 Female 20.4 41.3 38.8 34.6 14.8 14.8 9.7 5.0 5.7 716

Number of persons 596 ^ Symptoms prolonged for two (2) or more consecutive weeks * Symptoms prolonged for more than one (1) month Source: Jamaican Youth Risk and Resiliency Behaviour Survey, 2005

45

The Office of the Childrens Advocate Annual Report 2007/08.

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Table 6.9:

Percentage of 15-19 Year Olds Who Used Alcohol or Smoked Ganja, Jamaica, 2006 Behaviour Alcohol Use Ganja Smoking Male 56.1 15.9 Female 41.6 5.0 Total 48.9 10.5 Source: Jamaican Youth Risk and Resiliency Behaviour Survey, 2005

Data shown in Table 6.9 illustrate that of a sample of 598, 56.1% of males between the ages of 15-19 have used alcohol and 15.9% of them have smoked ganja. This compares to 41.6% of a sample of 719 females who have used alcohol and 5.0% of them who have smoked ganja. Looking at the total percentages of alcohol and ganja use in Jamaica, almost 50% of youth reported alcohol use sometime in the past and 10.5% reported having smoked ganja. While the point estimate for alcohol use and ganja smoking is greater among males than their female counterparts, the difference is not statistically significant. NGO Contributions Box 17:

Children First Bashy Bus

Children First is an independent non-government organization, which was established in 1997 and serves over 3,850 vulnerable youngsters annually. Its Bashy Bus Project has been recognised both regionally and internationally for its creativity and innovativeness in providing access to adolescent reproductive health information and services in a wholesome youth-friendly atmosphere. The Bashy Bus is a mobile reproductive health and information service which is marketed as a safe space where young people can learn about the variety of issues affecting them from young people who are trained to deliver a wide range of information in a non-threatening manner. The Bashy Bus travels to major towns around the island providing young people with information on the following:
Development and maintenance of healthy lifestyles Sexual and reproductive health education: avoiding STIs and unwanted pregnancies Life skills counselling on relationships, drug abuse etc Assistance to restart school after pregnancy Access to condoms and other contraceptives VCT (rapid testing for HIV)

The project has enjoyed tremendous success. For example during January December 2009:
A total of 50,402 individuals were sensitised; 12,670 adults and 37,732 adolescents/children Provided access to free Voluntary Counselling and Testing for 3,965 persons including 1,893 adolescents The publication of the Bashy Bus Baseline Research and follow-up assessment Expansion of the project to include other rural towns

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6.4. HIV and AIDS * UNCRC Recommendation # 45 Further integrate respect for the rights of the child into development and implementation of HIV/AIDS policies and strategies on behalf of infected/affected children and their families Make reference to day of general discussion Involve children when implementing this strategy *Concluding Observations (2003) 44 & 45

During 2006, there were 73 new AIDS cases reported for children under 10 years, compared to 78 in 2005. In the same year, the number of female youth between 15 and 24 years newly reported with AIDS was three times higher than their male counterparts. By early 2007, just over 5,000 children under the age of 15 years were orphaned by HIV and AIDS in Jamaica. Such findings may be linked to the high rate of forced sex, sexual intercourse with HIV-infected older men and transactional sex46. It is estimated that as of 2007, 25,000 persons, or approximately 1.3% of the adult population, are HIV infected and that almost two-thirds of this group are unaware of their status. The last three to four years have also seen the first decline in AIDS deaths and AIDS cases by 38% and 30% respectively. This is due to: Access to antiretroviral drugs which are provided free of charge to public sector patients and at greatly reduced prices for private patients through the NHF with Global Fund assistance. This showed an increase from less than 5% in 2000 to 60% in 2008 Prophylaxis against opportunistic infections; Improved laboratory capacity to conduct investigations, resulting in a general improved quality of care. It is also the aim of MOHs dynamic multi-faceted programme to combat the AIDS epidemic, recognizing it to be a development concern as well as a health issue.

This has included: Policies to guide the management of HIV/AIDS within educational institutions, the workplace (increasingly implemented in the private and public sectors), and for orphans and other children made vulnerable by HIV/AIDS; Community outreach programmes, including outreach to sex workers; Mother-to-Child Transmission programme; and Effective behaviour change, communication and public education programmes, including street demonstrations of condom use and mass media advertisements.

This work is supported by ongoing research: reproductive health surveys, knowledge, attitudes, behaviour and practice surveys, as well as specific topic and area focused studies.

46

Final Draft: HIV and AIDS in Jamaica National Strategic Plan 2007 - 2012

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Impact of HIV and AIDS on Children Children are made vulnerable by the HIV and AIDS epidemic in two ways: it robs them of parental care and guidance, and often results in diminishing their educational opportunities by forcing many young children to work. Both the elimination of child labour and goals for sustainable development are threatened by the pressure placed on orphans and children of parents who are ill with HIV and AIDS. The death of breadwinners leaves many orphans destitute. In 2003, an estimated 15 million children under 18 years of age became orphans as a result of AIDS, more than 12 million of them in Africa. The number of orphans is expected to increase substantially as the HIV/AIDS epidemic advances. HIV and AIDS can profoundly affect children. They may lose their childhood if they are orphaned by HIV and AIDS and have to become the breadwinners and caregivers for sick relatives and extended family members. This extra burden places a strain on their meagre resources, which, in turn, exposes them to increased health risks of their own due to inadequate nutrition, housing, clothing and basic care. They are also less able than other children to attend school regularly. Such children are especially vulnerable to abuse and violence and are likely to end up in State care. Combating HIV and AIDS The primary mode of transmission of HIV infection is through heterosexual sex (71%). The main reported risk factors for HIV infection in Jamaica are multiple sex partners, a history of STIs, sex with sex workers, men who have sex with men, and crack/cocaine use. Despite progress there is still much further to go in terms of the effective education of young people and the pursuit of the struggle against stigma and discrimination, which have proven to be some of the strongest obstacles in the battle against the HIV and AIDS epidemic. The National Strategic Plan on HIV/AIDS 2007-2012 was completed in 2008 and includes steps to address childrens issues focusing on an enabling environment and human rights; protection; empowerment; governance and treatment, care and support. The MOE also approved the HIV/AIDS National Strategic Plan for the Education Sector 2007-2012, which was prepared with UNICEF support. The ECC continued its work in facilitating the development of the National Parenting Policy. A draft green paper was developed and six public consultations held. HIV and the Child Protection System in Jamaica As at the end of June 2008, there were 6,029 children living within the traditional institutionalisation system and family-centred placements. Of the number of children in care, approximately fifty-six children are living with the HIV and AIDS virus. The system is further challenged as a number of children are either orphaned or made vulnerable through the presence of the disease within the family unit, some of whom have had to be taken into State Care. At present, a Situation Analysis of children infected/affected by HIV and AIDS is being conducted with the aid of United Nations Children Fund (UNICEF) and the Ministry of Health and Environment. The GOJ recognises the urgency with which it has to put all the systems in place to reduce the HIV prevalence across Jamaica. This is being accomplished by increasing public awareness and education and reducing stigmatisation and discrimination in the workplaces, schools and health facilities. Tables 6.10 and 6.11 show the number of children and youths ages 19 and under who are infected by the HIV virus. Incidence of HIV impacts the family, especially the mother who usually has to provide care for the children. This also impacts the ability of the parents to work or to hold employment, as a substantial amount of time has to be spent away from work, during normal work hours to care for a sick child. It is therefore imperative that the National Workforce Policy also addresses implications of HIV on the workplace. 100

Table 6.10 Summary of AIDS in JAMAICA By Age and Gender 2008 Age 1 2 3 5 6 7 9 10 13 14 16 17 18 0-18 Male 4 2 4 3 0 0 6 0 0 0 0 1 1 21 Female 2 4 1 2 1 1 2 1 1 1 2 2 3 23 Total 6 6 5 5 1 1 8 1 1 1 2 3 4 44

Source: Ministry of Health and Environment, Planning and Evaluation Branch

Table 6.11
Summary of AIDS in JAMAICA By Age and Gender 1982 -2008
Age Male Female Total 0 75 67 142 1 78 81 159 2 61 63 124 3 58 34 92 4 41 31 72 5 37 32 69 6 26 24 50 7 22 22 44 8 15 18 33 9 52 46 98 10 3 3 6 11 6 1 7 12 4 7 11 13 5 6 11 14 3 4 7 15 3 5 8 16 1 11 12 17 2 22 24 18 13 37 50 0-18 505 514 1019 Source: Ministry of Health and Environment, Planning and Evaluation Branch

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Assessing the Fulfillment of the Rights of Children Infected/Affected by HIV or Living with AIDS in Jamaica The rights-based approach is based on three principles: universality, indivisibility and the interdependence of rights. This implies that all rights for all children must be met regardless of their circumstances. The impact of HIV and AIDS has been studied in many populations with a special focus on orphans and other children made vulnerable by HIV and AIDS (OVC)47. As the HIV and AIDS disease remains with us, the situation of children has become more precarious. Advances achieved in the well-being of children in terms of social welfare and health, are being compromised. One significant change has been the impact of HIV/AIDS on child labour, especially in its worst forms. Where children are orphaned by the death of one or both parents, general well being including opportunities for schooling, proper nutrition and health care is adversely affected. Given the impact of HIV and AIDS, many children are forced to work to assist, in addition to themselves and their siblings, their families and their guardians. Jamaica launched a National Plan of Action for OVC in November 2003 48 informed by an assessment that was done in 2002. However, very little has been done to assess the fulfilment of the rights of the child infected with HIV or living with AIDS and the factors that contribute to the welfare of these children. The information that exists highlights the need to provide anti-retroviral drug access to HIV positive children, as well as factors impacting on their education. The focus has been principally on enhancing the number of years of life but not on the rights and quality of these years. In addition, the emphasis has been predominantly on transmission of the infection from mothers to their children with very little attention to older adolescents. 6.5. Social Security & Standard of Living *UNCRC Recommendation # 47
The Committee recommends that: The State party strengthen efforts to revise and/ or establish a social security policy along with a clear and coherent family policy as well as effective strategies for using the social safety net benefits to further the rights of children. Furthermore the Committee recommends that the State party develop and implement poverty reduction strategy with international community and others * Concluding Observations (2003) 38 & 39

For Jamaica as a whole, 22.1% of children were living in poverty in 2003. As in previous years the rate is highest for rural children (22.7%) and lowest for children in the Kingston Metropolitan Area (KMA) (10.9%) with an intermediate rate (18.9%) in other towns of the island 49. Despite minimal economic growth, Jamaica has experienced a rapid decline in poverty as measured by a consumption indicator. A number of factors are thought to have led to the poverty rate reduction, such as government fiscal policy, which has prioritized and successfully reduced inflation, and the growth of the informal sector. The phenomenal growth in remittances in recent years has also assisted in reducing poverty.

47

A Rapid Assessment of the situation of Orphans & Other Children Living in Households affected by HIV/AIDS in Jamaica (2002), National AIDS Committee, UNICEF,CIDA, Kingston Jamaica 48 National Plan of Action for Orphans & Other Children made Vulnerable by HIV/AIDS in Jamaica (2003 2006), Child Development Agency, UNICEF, CIDA, Kingston Jamaica 49 MDG Report

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Despite the achievement of the MDG poverty target, the level of inequality has not moved. Moreover, because poor households often include many children they are unequally impacted by poverty, with 22% of children living below the poverty line. In 1996, the Government instituted a National Poverty Eradication Policy and Programme. This encompassed, inter alia, rural electrification, micro-finance, and a Social Investment Fund that has greatly assisted early childhood institutions, social services, water and sanitation projects, rural feeder roads, inner-city infrastructure as well as community organizational capacity building. In order to improve the coherence, efficiency and targeting of social assistance, in 2002, the Government introduced a Social Safety Net Reform Programme and established a conditional cash transfer Programme of Advancement Through Health and Education (PATH), rationalizing and merging the income transfer components of three former programmes, significantly reducing leakage. Children are the main beneficiaries but PATH also covers the elderly poor, other destitute poor, persons with disabilities and pregnant and lactating mothers. An interim assessment carried out in 2006 suggested that PATH had slightly improved school attendance and significantly improved by 38% health clinic visits for children 0-6 years. PATHs overall impact on poverty has not yet been assessed. PATH now targets 360,000 beneficiaries, up from 236,000 in 2006. By December 2008, 85% of this number had been registered. A Steps-to-Work programme to support poor households in seeking and retaining employment is now being piloted. From 2002 to 2007 approximately US$120M has been spent on PATH, including a US$40M World Bank loan. Poverty rates are highest in the rural areas (15.3% in 2007, compared with 6.2% in the Kingston Metropolitan Region and 4% in Other Towns) and have shown the slowest rate of decline over time. One method of facilitating economic empowerment in rural areas is through the provision of security of land tenure because lack of registered titles, a critical form of collateral, is a major factor impeding the development of the rural economy. The Land Administration and Management Programme (LAMP), a comprehensive attempt by the Government of Jamaica to title unregistered lands, is being gradually rolled out across the country and to date is in almost half the parishes. Development in the rural areas also needs to involve diversification of economic activities, and the upgrading of social and economic infrastructure. Jamaica Social Investment Fund50 The Jamaica Social Investment Fund (JSIF) was established in 1996 as a component of the Government of Jamaicas national poverty alleviation strategy. It was designed primarily to channel resources to small-scaled community based projects. Though the Fund was initially established as a temporary organization with an initial lifespan of four (4) years, it has been in operation for over ten (10) years and presently has agreements that will continue to 2013. JSIF addresses the immediate demands of communities in a prompt, efficient, effective, transparent and non-partisan manner. Over the years JSIF has established strong partnerships with private sector organizations, NGOs, and community entities in fulfilling its mandate of poverty alleviation. By joining forces strategically it ensures that there is a reduction in duplication of efforts and allows for the streamlined utilization of scarce resources. Between 1996 and 2007 JSIF approved and completed 564 projects. Of that number 412 impacted children in a very direct way in that the project either re-furbished or built 388 schools and 2 Day Care Centres, 22 Health Centres and provided water for 60 communities and improved sanitation for 12 communities.
(For additional data relating to Theme 6, see Annex: 6-A1 to 6-A5)

50

http://www.jsif.org

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7. EDUCATION, LEISURE AND CULTURAL ACTIVITIES

Convention on the Rights of the Child Article 28: The right to primary education that is free and compulsory Article 29: Education should develop the childs personality, talents and abilities and prepare the child for active adult life Article 31: The right to rest, leisure and cultural and artistic activities

Education, Leisure and Cultural Activities *Recommendation #49. Carefully examine budget allocation and impact on progressive implementation of child rights into education and leisure activities Intensify efforts to improve quality of education and management of schools (standards of teaching material and training of staff). Seek to further implement participatory measures to encourage children (especially boys) to stay in school during the period of compulsory education and to take further measures to facilitate the accessibility to education of children from all groups of society in particular children from poor backgrounds including the review the system of school fees; and to make every effort to raise awareness of society on importance of education for all children Take additional steps to address high illiteracy and poor results in national exams. Adopt appropriate legislative measures to combat use of Corporal Punishment in schools. Seek further technical assistance from UNICEF and UNESCO among others
* Concluding Observations 2003 48 & 49

The present structure of the education system as set out in Education Act of 1980 consists of four levels: - early childhood, primary, secondary and tertiary education. The public sector continues to be the major provider of education at all levels, accounting for more than 85.7 per cent of the total enrolment (88.6 per cent in 2006) with a relatively small degree of private sector participation at the primary and secondary levels. However, at the early childhood level, private sector participation is very high. The Child Care & Protection Act Section 28 (1) outlines that every person having the custody, charge or care, responsible for the maintenance of a child between the ages of four and sixteen year shall take such steps as are necessary to ensure that the child is enrolled at, and attends school. The age of completion of compulsory schooling remains at 16 years. Student Statistics Enrolment Jamaica continues to enjoy high levels of enrolment of children in school. For the academic year 2008/2009 approximately 686,140 students were enrolled in the formal public education system. Approximately 536,780 of these students fell within the age group 3 to 19 years, and were distributed across the infant, primary and secondary levels of the public education school system (see Table 7.1). The public sector has a network of approximately 1,000 institutions. 104

Table 7.1

Number and Type of Institutions Offering Public Education 2008/09 Number of Institutions 31 546 159 87 0 10 147 14 2 5 3 5 2 2

School Type Infant Primary All Age Primary and Junior High Junior High Special Education Secondary High Technical High Vocational/Agricultural Teachers Colleges Multi-disciplinary Community Colleges Specialized Colleges Universities

Level of Education Early childhood Primary Primary; Lower secondary (Grades 7-9) Primary: Lower secondary Lower secondary Early childhood to secondary Lower and upper secondary Lower and upper secondary Upper secondary Teacher training Teacher training; post-secondary/pre-university Teacher training; post-secondary/pre-university Higher Education Higher Education

Source: Ministry of Education, Jamaica, 2009.

Challenges still remain at the secondary level where approximately 93.0 per cent of school-age children are in school. According to the Jamaica Survey of Living Conditions (2007), the enrolment levels of students according to socio-economic status ranged from 84.9 percent for the poorest to almost universal enrolment for the wealthiest with children in the lower socio-economic groups being more likely to be out of school (Jamaica Survey of Living Conditions, 2007). Approximately 12 percent of children in the lowest quintile are out of school as some were unable to move on to Grades 10 and 11, even having completed Grade 9. This was mainly due to the shortage of upper secondary spaces. In an effort to address this problem, the government is committed to improving access beyond Grade 9 to ensure every child who enters secondary school from 2003 has at least five years of secondary schooling.51 Since 2005 the MOE has increased access through the construction of new schools and expansion of existing ones. Table 7.2 outlines the number of new school places currently available. This expansion has been undertaken at a cost of $8.3 billion financed by the GoJ in partnership with International Development Partners through a range of projects. Furthermore, the Ministry has conducted a thorough audit of the space needs at the primary and secondary levels and has been partnering with donor agencies and seeking other means of funding to fill the gap.

51

White Paper on Education (2000): Ministry of Education, Youth and Culture.

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Table 7.2 Number of New School Places

Type New Schools Extensions Prototype52 Total No. of Schools 24 39 49 112 Places 20,755 10,135 7,485 38,375

Financing Education Government of Jamaica budgetary allocations were supplemented by funds from bilateral and multilateral agencies, the private sector and non-governmental organizations (NGOs).53 For the 2008/09 fiscal years, $65 billion was allocated to the MOE. This represented a 21 percent increase over the previous year (2007/08). It accounted however for a slightly reduced fraction of the total national budget moving from 13.2% for 2007/2008 to 12.8 percent. The largest share of 32.9 percent went to the secondary level, followed by 30.7 to the primary level, 19.6 percent to the tertiary level and 3.7 percent to the early childhood level (see Figure 7.1). Figure 7.1 Percentage Allocation of Government of Jamaica Expenditure on Education by sector 2008/09

19.6

3.7 30.7
Early Childhood Primary Education Secondary Education Tertiary Education

32.9

Although primary education is free, schools request a voluntary contribution from parents. This contribution is used to defray certain school-related expenditures. At the secondary level, since the beginning of the 2007/08 school year, tuition fees have been abolished by the Government, leaving parents responsible for other schoolrelated cost such as some books (since there is the book rental programme), meals, uniforms, examination fees and transportation.
52

Prototypes are classroom structures that are less permanent than traditional school buildings. They provide quick solutions to overcrowding in schools. 53 Planning Institute of Jamaica: Economic and Social Survey Jamaica 2007

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Having abolished tuition fees for secondary level students in September 2007, the government continues to provide further assistance in meeting education expenses through assistance to students who are wards of the state and government concessions and textbook rentals at the secondary level. In addition, the Government pays for examination fees for four core subjects at the end of Grade 11 when students sit the Caribbean Secondary Examination (CSEC). Fees in tertiary level institutions are subsidized and a government student loan scheme is available. Family Education Expenditure Even with strong state support, private contributions to education are onerous for households. With the government providing free tuition, text book assistance and other special allowances, the largest household expenditure, however, is not direct tuition costs but rather other school related expenditures, - lunch and snacks, transportation and extra lessons. Regardless of socio-economic status, less than one-tenth of the total household expenditure on education is allocated to tuition, while transportation and lunch and snacks accounted for more than 50 per cent.54 Focus on Early Childhood Development The Government recognizes the importance of early childhood (0-8 years) development for successful education outcomes. Consequently, an Early Childhood Commission was established by the Early Childhood Act, which was passed in 2003 with standards set for early childhood facilities. The Commission is charged with the mandate of ensuring an integrated and co-ordinated delivery of early childhood programmes and services. The passage of the Early Childhood Act and its attendant Regulations (2005) established legal framework and standards by which the operations of Early Childhood Institutions in Jamaica are governed. Using an integrated approach, the Commission, brings under one umbrella, all the policies and standards pertaining to early childhood development. It also maximizes the use of limited resources by ensuring a more cohesive delivery of services. The Early Childhood level in Jamaica caters for children 35 years of age in community operated Basic Schools, Infant Schools and Infant Departments of Public Schools as well as in Kindergarten Departments of Private Preparatory Schools. Children enter educational institutions from the age of three/four, while those from birth to three access services at Day Care Centres and pre-school facilities. Jamaica has experienced significant growth in the enrolment rates of children in Early Childhood Institutions. In 1993 approximately 86 per cent of children age 3-5 were enrolled in an institution and by 2007, full enrolment was achieved with 99.4 per cent enrolled55. This is in tandem with GOJs commitment and programmes to achieve universal enrolment at this level. The largest increases in enrolment have been seen in the poorest consumption groups, which have moved from enrolment rates of 76.0 per cent in 1993 to near universal enrolment in 2007 (ibid).

Teacher Qualification and Curriculum at the Early Childhood Level: There are approximately 6,930 teachers employed at the EC level, 75% of which are in basic schools. Teachers in public Early Childhood institutions are far more qualified than those working in privately run basic schools. Only 3.3% of teachers in these private basic schools are college-trained, compared to 83.2% of teachers in public infant schools and departments and approximately 88% in private preparatory schools. Three teachers colleges offer specialized training in Early Childhood Education. Most graduates from these programmes find employment in infant schools and departments within the public education system. At the level of leadership,

54 55

In real prices. Jamaica Survey of Living Conditions -2007

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51% of principals in infant schools and departments are university graduates but principals in basic schools are the least trained of practitioners in the sectors (most basic schools are community-based operated). The National Plan of Action and the Standards under the Early Childhood Act has set clear criteria and targets as they relate to teacher qualification in the sector. Several training initiatives, spearheaded by the Early Childhood Commission in partnership with the universities, teachers colleges and vocational training institutes have been implemented to increase access to training for teachers who wish to remain in the sector and upgrade their skills in accordance with the Regulations. This is being done preparatory to the full implementation of the mandatory registration required under the law. The achievements in the first year (March 2008 2009) of the National Strategic Plan (NSP) for the Early Childhood Development Sector are listed below by strategic action area. 1. Effective Parenting Education and Support
Certification system to support the training of Parent Facilitators ratified by NCTVET

2. Effective Preventative Health Care

Child Health & Development Passport, which is a parent-held health record designed to improve the Monitoring of Childrens Health and Development, developed and approved by the ECC and the Ministry of Health. Draft Infant and Young Child Feeding Policy developed and undergoing consultations for submission to Human Resource Council in the 3 rd quarter of the Financial Year 2009 2010.

3. Effective Screening, Diagnosis and Early Intervention for at risk children and households
Curriculum and delivery model for the Child Development Therapist developed and approved by the ECC Board and the Faculty of Medical Science. Work has commenced on the Curriculum and service delivery model for the Masters Programmes in the Professions Supplementary to Medicine (Speech Therapy and Audiology). Curriculum and delivery model scheduled for completion in March 2010.

4. Safe, Learner Centred, Well Maintained Early Childhood Facilities

Standards for the Operation and Management of ECIs developed. Forty inspectors employed, trained and gazetted. (Target 35 Inspectors employed) 2395 Early Childhood Institutions have applied to the ECC for Registration.

5. Effective Curriculum Delivery by trained EC Practitioners

Level Three (Vocational) competence standards developed and approved by the NCTVET and ECC Board Training programmes in 6 of 7 areas of Safety (Paediatric First Aid, Recognising Signs of Child Abuse, Disaster Preparedness, Fire Prevention Safety, Public Health Requirements and Referral Mechanisms under the Child Care and Protections Act) and Reporting Requirements under the Child Care & Protection Act and the Public Health Act & Attendant Regulations) were developed. The programmes will be delivered as part of the NCTVET Level III training programme. The new early childhood curriculum for children 0 to 3 years was completed and phased implementation commenced. The training of practitioners and monitoring of the implementation of the 0 to 3 curriculum is currently ongoing.

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General Comment 7 Pilot Project56 The progress made by Jamaica in the last decade with the implementation of important initiatives as well as the introduction of new rights-based laws, policies, plans of action and services for children - developed within the framework of the Convention - strong demonstrated commitment to early childhood development, prompted its selection to participate in a pilot project to discuss the broader implications of the CRC for young children as outlined in General Comment 7. This General Comment emerged from the 2004 Day of General Discussion on Implementing Child Rights in Early Childhood. General Comment 7 reinforced the fact that young children are holders of all the rights enshrined in the Convention and that early childhood is a critical period for the realisation of those rights. The project was a collaborative venture between the ECC, the Bernard van Leer Foundation and the UNCRC. Project activities were carefully designed and focused much attention on assessing the application of the broad range of rights to young children in Jamaica. A user-friendly version of the General Comment as well as a Positive Agenda for Early Childhood were critical outputs of the project. Table 7.3 Early Childhood Corporate Plan 2006-2009 gives an indication of the early childhood population figures in Jamaica in 2003. Table 7.3 Early Childhood Population - 2003
Age 0 1 2 3 4 5 6 7 8 Sub-Total (0-8) Male 23,202 23,936 23,461 26,139 25,996 26,302 27,713 28,607 28,237 243,594 Female 22,631 23,506 23,207 25,766 25,750 25,952 27,338 27,736 27,721 219,606 Total 45,833 47,441 46,668 51,904 51,745 52,254 55,051 56,343 55,959 463,200

Source: Demographic Statistics 2003 (adapted

Primary Education The country consistently achieves 90%-99% enrolment at the primary level and has long been able to provide universal access to primary education for its children. The primary school system includes a network of approximately 792 (MOE 2008/09) schools throughout the island. While allowing access to 9757 per cent of the relevant cohort, the Government of Jamaica acknowledges that the system produces too many students who are not equipped for secondary education. This is borne out by all the educational performance indicators for primary schools.
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The Status of the Rights of the Young child in Jamaica Early Childhood Commission, UNCRC, Bernard Van Leer (2007) The other 3-4 percent of the primary age cohort attends privately owned and operated preparatory schools across the island.

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Performance at the Primary Level One of the most fundamental shortcomings of the primary level system in Jamaica is its failure to ensure that all Jamaican children to the extent of their abilities - are literate. The National Assessment Programme (NAP), implemented to monitor progress at the primary level includes the Grade One Individual Learning Profile, the Grade 3 Diagnostic Test, the Grade Four Literacy Test and the Grade Six achievement Test (GSAT). In the 2007 sitting of the Grade One Readiness Inventory only 50.6 per cent of girls and 38.4 per cent of boys (ESSJ 2007) achieved mastery in all areas, indicating their readiness for primary school. This undoubtedly poses a significant challenge for schools to ensure that these children are fully literate by the time they are assessed again in Grade Four. The levels of achievement on the intervening Grade Three Diagnostics are also of concern. In 2003, only 14 per cent mastered all Language Arts concepts, with a 4 per cent adjudged proficient in all Mathematics concepts covered by the Assessment. Approximately 51 per cent of the students in Mathematics and 38.3 per cent sitting Language Arts mastered none of the skill areas (Task Force Report 2004:24). The Grade Four Literacy Test is seen as a mid-cycle assessment of the literacy progression of children at primary school. Its main objective is to identify children who are at risk of illiteracy at the end of Grade Six. Once identified, these children will benefit from targeted literacy interventions, which are expected to ensure that they are literate by the time they exit the primary system in grade six. Since its inception as part of the National Assessment Programme (NAP) in 1999, approximately 40 percent of those sitting the Test in any given year have been adjudged at risk or having not attained mastery in some basic elements of literacy. Table 7.4 presents the results of the 2007 sitting of the Test in which 63.5 per cent of students mastered all three components. Figure 7.2 Performance at the Mastery Level: Grade Four Literacy by Sex 2007 100 80 60 40 20 0 Word Reading Writing Recognition Comprehension Examination areas
Source: Economic and Social Survey 2007

Boys Girls

National Mastery

These results also tell another story; that of the gap in achievement between boys and girls. In every component girls out performed boys, leading to a national mastery level of 74.9 per cent for girls and barely more that 50 per cent for boys.

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The unevenness of performance according to school type is also highlighted by the performance of students in this Test. A higher percentage of students in private preparatory schools achieve mastery than their counterparts in public primary schools. The lowest levels of performance are found among children in All Age and Primary and Junior High Schools. Schools located in the urban centres performed better than schools in rural Jamaica. However, performance on the Grade 4 Literacy Test at first sitting has been improving over the years as several strategies have been implemented including establishing a support structure for schools with poor performance on the Test. The improvement is reflected in the performance on the Test from 53 percent in 2002 to 71 percent in 2008. The Grade Six achievement Test (GSAT) is viewed as the authoritative indicator of the performance of students at the primary level, and children are placed in secondary schools based on their overall performance on all subject areas tested. Its use as a placement mechanism has made it perhaps the most high stake examinations in the education system. This perception is fuelled by the fact that children are only allowed to sit the examination once. The shortage of places in what are generally considered (and supported by performance data), the better schools i.e. traditional high schools has only exacerbated the tension and public scrutiny surrounding the GSAT as it is felt that a childs chances of long term success are greatly enhanced by their performance in GSAT and the resulting school placement. Despite this intense public interest, the performance of children in the Grade Six Achievement Test (GSAT) is below the targets established by the Government of Jamaica as part of its education transformation programme. The results for 2007 shows average scores of 40 percent for Math and 47 percent for Language Arts. As in other tests at the primary level, children in the private preparatory schools generally outperform their counterparts in the public system and girls score higher than boys. Table 7.4: Mean Scores (%) in the Grade Six-Achievement Test (GSAT) 2003-2007 Subject Mathematics Language Arts Communication Task Science Social Studies 2003 48.0 52.0 67.0 48.0 54.0 2004 45 48 50.0 46 50 2005 58 54 42 52 57 2006 53.0 54.0 50.0 55.0 51.0 2007 46.0 48.0 66.6 52.0 51.0 2008 55 53 66.6 53 56

Source: Compiled from ESSJ various years and MOE Student Assessment Unit

This flat performance over the past six years conceals the fact that the real problems with performance are systemic and cannot be substantially changed in the immediate term. The GOJ has embarked on an intensive literacy programme in all the primary schools across the island, employing almost 100 new Literacy Specialists in the system, to provide teachers with support to improve student performance. Additionally, the government has partnered with international donor agencies such as USAID, the Inter American Development Bank and the World Bank to implement several initiatives geared at increasing literacy levels and overall educational output at the primary level. In an effort to better identify and address the special needs of children at the primary level, the GOJ, through the Ministry of Education introduced a new literacy transition policy in 2009. Under this policy, children are no longer allowed to simply progress through primary school without any appropriate interventions. The new policy (The Competence-Based Transition Policy) requires that children be certified as literate before they are allowed to sit the GSAT exams. This certification is on the basis of performance in the National Grade Four Literacy Test. Children who fail to achieve mastery in the Test after four attempts, are placed in a special 111

remedial stream, rather than simply promoted to the secondary level. Hence, the policy is designed to ensure that students transitioning from the primary to the secondary level are ready to access secondary education based on their demonstrated skills and competencies as required before completion of Grade 4. Secondary Education Secondary education is offered to students aged 11/1216 years in Grades 79 of Primary and Junior High, and All-Age; and Grades 711 Secondary High, Technical High and Agricultural High Schools in two cycles. The first cycle of the secondary level caters to the 1214 age groups in Grades 79 of Primary and Junior High, AllAge, Secondary High, Technical High and Agricultural High Schools. There are two stages at the second cycle of the secondary level. The first stage caters for the 1516 years age group in Grades 10 and 11 in Secondary High, Technical High and Agricultural High Schools and the second stage caters for the 1718 years age group in Grades 12 and 13 (Sixth Form) of some secondary level schools. The main focus at the secondary level is the provision of five years of secondary education to all students who enter Grade 7. The provision of additional school places at this level to accommodate this population is currently one of the main thrusts of the Government of Jamaica. . While enrolment at the secondary level has been increasing - net enrolment increased from 74.8 percent in 2003 to 78.3 percent in 2007 and gross enrolment increased from 88.8 percent in 2001/2002 to 94.4 percent in 2007; there remains a shortage of space for all children of secondary school age in some areas of Jamaica (see Table 7.5). There is a particular need for spaces to accommodate boys as the data shows that the demand for spaces for boys in secondary school outstrip supply and is more acute in eight of Jamaicas fourteen parishes. This shortage in secondary school places is greater in the urban areas of Jamaica, which have experienced high rates of population growth in the last two decades and where the provision of infrastructure has not been commensurate with the population growth.
Table 7.5 Enrolment, Capacity and Deficit of School Places at the Secondary Level 2008/09
Parish Kingston St. Andrew St. Thomas Portland St. Mary St. Ann Trelawny St. James Hanover Westmoreland St. Elizabeth Manchester Clarendon St. Catherine TOTAL Capacity* 16,500 35,400 5,355 4,800 6,640 8,440 6,400 12,200 6,700 7,800 8,700 10,200 17,600 25,700 172,435 Enrolment** 20,232 48,841 8,226 7,553 10,251 15,459 8,432 18,542 8,458 12,502 15,596 16,288 27,169 39,507 257,056 Deficit 3,732 13,441 2,871 2,753 3,611 7,019 2,032 6,342 1,758 4,702 6,896 6,088 9,569 13,807 84,621

*Capacity in High Schools Source: MOE, Planning and Development Division, 2010

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In addition to the school building and rehabilitation programme, the Government instituted free tuition at secondary level in 2007 in pursuit of the 2016 target date for universal enrolment at this level. Performance at the Secondary Level The low level of achievement at the primary level has serious implications for the quality of input to the secondary schools and ultimately influences performance in the Caribbean Secondary Examinations Council (CSEC) exams, which are mainly taken at the end of five years in secondary school. Over the past 5 years, although there have been some improvements in some subjects, results have been generally uneven with 40.9 percent passing Mathematics in 2009 and just more than 62 percent passing English Language for the same year (see Table 7.6). An analysis of the number of subjects entered per student in 2009 showed that of the 33,718 who entered, 17,443 sat three or more subjects. About 16.2 per cent of the Grade 11 enrolment failed to pass even one subject at CSEC in June 2009, with 46.7 percent passing less than three subjects. This means effectively that almost one-half of the cohort failed to gain sufficient qualifications to move on to any postsecondary academic or vocational institution. Table 7.6

CXC/CSEC Performance by Jamaican School Candidates 2003-2007

SUBJECTS 2005 Percentage Passing at Grades I III 2006 2007 2008 2009

ARTS/LANGUAGES
English Language Social Studies Caribbean History English Literature French Spanish Religious Education Geography Music 60.2 77.7 61.3 66.0 69.1 63.0 78.5 57.1 70.1 50.1 72.0 71.1 46.6 78.8 71.6 78.3 52.9 43.5 51.6 72.1 69.2 67.4 78.2 67.9 78.9 69.2 66.3 54.4 61.0 69.3 52.3 69.0 72.4 78.8 64.5 56.2 63.6 75.7 63.6 59.1 68.7 73.0 78.6 60.5 15.8

SCIENCES
Biology Human and Social Biology Chemistry Physics Integrated Science 1 Mathematics 62.0 31.8 51.8 59.4 72.0 39.4 72.8 43.3 60.7 52.1 67.6 35.7 71.9 47.8 60.9 48.8 64.9 35.3 76.4 65. 65.8 77.7 74.5 43.0 78.4 74.9 76.9 75.2 82.9 40.9

Source: MOE- Policy Analysis, Research and Statistics 2010

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The data shows that of those sitting Mathematics and English Language in these exams, only 40.9 and 62.8 per cent respectively received a pass in 2009. The strongest performance is from students in traditional secondary high schools, with all other school types performing well below the national average. Students in the upgraded High schools had the poorest performance of all three school types. Students in these schools, while representing 48 per cent of the total eligible cohort for CSEC English Language and Mathematics, was responsible for only 26.5 per cent and 9.4 percent of the awards for these subjects respectively (see Table 7.7). Overall there is a general increase in the subject passes, however.
Table 7.7

CSEC Performance in English Language and Mathematics 2007-2009 by School Type

English Language Secondary High Schools Eligible Cohort Entries Awards Percentage of entries awarded Technical/Agricultural Schools Eligible Cohort Entries Awards Percentage of Entries Awarded All Schools Eligible Cohort Entries Awards Percentage of Entries Awarded 40623 23211 11706 50.4% 40690 23413 12470 53.3% 41248 23772 14588 61.4% 40623 19491 6636 34.0% 40690 19575 8086 41.3% 41248 20557 8114 39.5% 4842 2857 926 32.4% 5130 2889 1045 36.2% 4780 2956 1324 44.8% 4842 2350 465 19.8% 5130 2166 609 28.1% 4780 2345 567 24.2% 2007 35781 20354 10780 53.0% 2008 35560 20524 11425 55.7% 2009 36468 20816 13264 63.7% 2007 35781 17141 6171 36.0% Mathematics 2008 35560 17409 7477 42.9% 2009 36468 18212 7547 41.4%

Source: MOE, Planning and Development Division, 2010

Shift System The demand for school places especially at the secondary level is the primary factor that led to the introduction of the shift system. Although the shift system in Jamaica provides more school places for students, it also curtails the amount of school hours that students receive and reduce their participation in extra-curricular activities. The Government has begun the process of eliminating the shift system by constructing new schools as well as providing additional facilities to existing schools.

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Technical and vocational education In many secondary schools, students are exposed to technical and vocational subjects. Resource and Technology subjects are taught at the lower secondary level while at the upper secondary level, students are exposed to more in-depth technical and vocational education. Entry to Technical High schools is mainly through placement from GSAT and the Grade Nine Achievement Test (GNAT). Technical and Vocational schools provide education with a technical bias but the curriculum contains a mixture of technical and academic subjects. Specialization in the Technical and Vocational subjects is usually done from Grade 10 where students may choose from the offerings of the particular school. At grade 11, students sit external examinations set by various examining bodies in the United Kingdom and the Caribbean Examinations Council as well as the National Vocational Qualification of Jamaica (NVQJ) administered by the National Council for Technical and Vocational Education and Training (NCTVET). Vocational schools on the other hand offer specialized vocational offerings. Entrants are mainly from All-Age and Primary and Junior High Schools through an Entrance Examination set by the schools in conjunction with the Ministry of Education. However, students from other secondary level schools may gain admission to these schools. In these vocational schools, students are trained to enter the job market and are also qualified to access tertiary level education. There are three vocational schools, which provide training in Agriculture or Home Economics. Complementing the education system is an effective training system, the Human Employment and Resource Training-National Training Agency (HEART/NTA) Trust, regarded as the standard bearer for the Caribbean and other developing countries. It provides Technical Vocational Education and Training (TVET) to a widecross section of Jamaicans through its training centres that are located all over the country. HEART/NTA has as its responsibility the task of coordinating and supporting the entire vocational training system and is directly responsible for policy planning, labour market information, curriculum development, instructor training, testing and certification (based on standards of competence required in industry), accreditation and funding. HEART/NTA integrates both formal education and non-formal skill specific training in the programmes and centres that fall beneath its umbrella. These include the seven HEART Academies, the 13 Vocational Training Centres (Vacs), the 14 Technical High Schools and TVET programmes in secondary schools, the Vocational Training Development Institute (VTDI), Jamaica German Automotive School (JAGAS), numerous community-based training programmes, and On-the-Job training programmes for apprentices and school leavers. Special Education Special education spans the first three levels of the education system. It caters to children who find it difficult to learn in the regular school setting without specialized support services. Special education makes provision for the blind, deaf and hearing impaired, multiple disabled, physically disabled, the learning and intellectually disabled and the gifted and talented. Its effectiveness is premised on a screening and referral system, which allows identification of children with special needs. Adherence to the Task Force recommendation of mainstreaming children with special needs in the regular early childhood environment is made difficult by the absence of early systematic screening mechanism in Jamaica. The net result is that children with developmental delays physical, behavioural, social emotional, sensory, communication as well as cognitive are sometimes not systematically identified until they are well past the age of 5, many times as a consequence of poor performance in primary schools. The Early Childhood Commission has been working with other government agencies such as the Ministries of Health and Education to develop an early screening and referral system for Jamaican children. Through the Special Education Administrative Unit in the Ministry of Education and Youth and other State Agencies, budgetary allocations are made to support Special Education. Currently, over $300 Million per annum is allocated. Policies and practices represent a blend of inclusive and specialized programmes and services. 115

There is a network of close to 30 schools which currently cater to children with special needs. Together they serve more than 6,000 children across the island. In addition, attempts are made in to integrate children in the mainstream school system where possible. Box 18:

Number of Special Education Schools in Jamaica 2009 1 12 3 4 7 1 School for the Blind Schools for the Learning/Intellectually disabled Grant -Aided Trust schools for the Deaf with 4 satellites Private schools for the Deaf Government Units attached to host schools Private School Autistic Children

The draft National Policy on Special Education is expected to address a range of issues relation to special needs children, including penalties against schools, which arbitrarily reject students, based on their special needs58. In addition, provision is being made for each school to have a Special Educator on staff. The availability of trained specialists has been a difficulty faced by schools due to the migration of those who are qualified and the slow rate of replacement of such skills in the system. Reforms in Education In keeping with the Governments policy to reform and modernize the public sector, and in fulfilment of recommendations of the Task Force on Educational Reform, the Ministry of Education is currently being modernised to a Central Policy Ministry supported by autonomous Regional Education Agencies and three other Agencies which will be responsible for Operational Activities: The National Education Inspectorate The Jamaica Teaching Council The Curriculum and Assessment Agency In October 2003, a unanimous Parliamentary Resolution was passed to incrementally increase the budgetary allocation to the Ministry of Education (MOE) to 15% of the total within five years. This has not yet been achieved and stood at 12.8%59 in the 2009/10 Budget due to fiscal constraints. A Task Force on Educational Reform was established, with a wide remit. Consultations with citizens and experts throughout the country led to a report which analyzed the inequities and major problems in the system and provided clear recommendations, including the significant expenditures needed to transform the education system. These included an injection of approximately US$630 million in capital and recurrent expenditure in the first two years. To initiate the transformation an additional US$73 million was added to the education budget in 2006/07, with a further additional allocation in 2007/2008. . Under the Education Transformation Programme, areas of focus include: Expansion of school facilities and infrastructure School leadership and management Literacy and numeracy at the end of primary school
58 59

Interview with Head of Special Education Unit, Ministry of Education. This excludes Elections, which became a part of the MOE Budget in the 2009/10 fiscal year bringing the Sectors Budget to 13% of Total Govt. Budget.

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Poor attendance Low levels of teaching resources and aids Violence and anti-social behaviour Low levels of teacher training at early childhood level

Several MOE initiatives are currently underway that are aimed at transforming the education system (see Annex Table 7-A15) Culture in Education The Culture in Education Programme (CIEP) is conducted under the auspices of the Ministry of Education and seeks to enrich curriculum delivery by using culture as context, content and methodology for learning. It emanated out of a concern that many children knew very little about the country except some of the negative images portrayed in the media. The programme which began in 2002, seeks to ground children in the realities of the Jamaican culture through the performing arts. Its main objective is to develop activities geared towards fostering greater cultural awareness within the school community and through this engender pride in self and country. The Programme also seeks to encourage the study of reflection on and use of national images, symbols, heroes as well as participation in commemorative and celebratory events marking local and national achievements. The CIEP has established strategic partnerships with many of the communities with which schools are located. They involve community-based organizations including sports clubs, police youth clubs and farmers associations. They also include ancillary workers, vendors, student councils, local churches, and fire stations as many of these entities have the skills that can be placed at the schools disposal and the potential for becoming critical resources for the school. The CIEP is implemented through the appointment of Culture Agents from among school staff. These Culture Agents: Develop the programmes Promote and coordinate a process of curriculum engagement to ensure incorporation of cultural offerings in the curriculum Train and facilitate the training of teachers and students Establish and coordinate a Cultural Committee involving members of the wider community to assist in supporting, planning and implementing of programme activities including civic functions Submit to the MOE periodic reports on the status of the programme The Culture in Education Programme has been in existence for the past eight years and currently has 800 primary and secondary schools registered in the programme. Of the 800 schools registered 568 are actively involved and have identified and named their Culture Agent. These persons are trained to implement the CIEP programmes in the various schools. Cabinet adopted a National Culture Policy in 2003.

ADDRESSING CHALLENGES The Challenge of Equity and Quality The Committee recommended that the Government intensify efforts to improve quality of education and management of schools (standards of teaching material and training of staff). Despite efforts made, Jamaicas challenge is still one of equity and the provision of quality education for all children. The society has been burdened with the vestiges of an inequitable two-tier education system and as a result the quality of education at 117

different schools varies widely. The differences in performance are explanatory: in 2007 in the external Grade Six Achievement Test (GSAT), which is used as a mechanism for placement at the secondary level, the average score in Language Arts for government primary schools (attended by over 90% of students) was 48% compared with 72% for private preparatory schools; the respective average scores for Mathematics were 46% and 70%. Jamaicas performance in terminal secondary examinations compare poorly with other CARICOM countries, and highlight the generally poor outcomes of the secondary school system, a serious impediment in the preparation of young people for tertiary level education, for the job market and generally for economic and social development.

Measures to Improve Academic Performance of Students. Several projects have been and are being implemented to improve the quality of the education system. Among them are the following: Quality Assurance in Education: The National Education Inspectorate

The National Education Inspectorate (NEI) was established in 2008 and is charged with inspecting and quality assuring education services in all schools in Jamaica. Its immediate remit is to inspect and collect baseline data on all 1,078 public primary and secondary institutions by 2013. The new school inspection focus has the outcomes for children as its primary focus and assesses the way in which the school is organised to achieve the GoJ primary objective of raising academic performance and improving educational outcomes. The NEI examines the quality of leadership and management of a school, its use of human and material resource to achieve best results as well as the quality of teaching and learning in the school to arrive at a judgement and make recommendations for improvements in the school. In October 2009 it conducted its pilot inspections and is set, with assistance from the World Bank, to begin its task of inspecting.

Primary Education Support Project (PESP)

This project began in January 2001 and is aimed at creating equity and improved achievement at the primary level of the education system. The project addresses a number of concerns such as the quality of the delivery and management of educational services. PESP is a total package designed to achieve the following objectives.: improve performance through effective implementation of the Revised Primary Curriculum (RPC) and national assessment standards in schools. increase efficiency through the rationalization of teacher education and the strengthening of educational management capacity at all levels. enhance equity in the delivery of educational services to children from the lower socio-economic background through targeted interventions for improved literacy, numeracy and attendance.

The Reform of Secondary Education Project II (ROSE II)

ROSE II is currently being implemented and is a follow-up to ROSE I. It is aimed at bringing equity and improving the quality of secondary education through school-based initiatives and reform support; expanding access to upper secondary education in a cost-effective manner and strengthening the capacity of the central ministry and regional offices to monitor and manage the reform. Consequently, initiatives have been devised to support literacy and numeracy and address students learning problems as well as anti-social behaviour in Jamaican schools. 118

Improvements in Teacher Quality

Jamaica has a highly trained and qualified cadre of teachers in schools. There has been some difficulty in recruiting professionally trained staff in rural schools and this has caused those schools to employ a higher percentage of unqualified teachers than urban schools. Government, however, continues to intensify its effort to reduce the number of pre-trained teachers in the system. Data from the Statistics Unit of the MOE shows that since 1998/99, the number of pre-trained teachers at the primary level has been declining yearly by approximately 2% (see Annex Table 7-A11) Efforts have also been made not only to attract but to retain better qualified teachers into the system. These efforts include: The strengthening of the Professional Development Unit, which offers in-service training to teachers and other educational personnel. A Post-Certificate Diploma programme (through Distance Mode of teaching) which upgrades those teachers who previously held Teachers Certificate to Diploma Level. A distance education undergraduate programme targeting teachers at the secondary level who have not yet secured undergraduate degrees. Projects funded by loans include training components and provide scholarships, fellowships and bursaries to local and foreign universities.

Physical Condition

Despite Governments effort to refurbish and improve the physical conditions of schools, some facilities remain below the required standard while others are in need of replacement. Although enrolment at the primary level has been decreasing due to the decline in the birth rate, overcrowding continues to be a problem especially at the secondary level. Programmes and projects jointly funded by the Government of Jamaica and international funding agencies are being implemented in response to the need for additional places, repairs and refurbishing of physical facilities. Dropout Rates

Although dropout rates do not appear high, there is still concern about the children leaving the education system, especially after Grade 9. Grade 9 is the transitional grade to upper secondary education and many students opt not to access that level but to leave the system in order to pursue jobs or other activities. There are those who find it difficult to access places in schools offering upper secondary education and therefore are forced to end their education at Grade 9 or continue at private day and evening institutions. There are several strategies being undertaken to ensure children remain in the school system. These are outlined below:

STRATEGIES TO SUPPORT EDUCATION OF CHILDREN National Compulsory Education Policy The National Compulsory Education Policy is designed to support the mandatory engagement of all children between the ages of 3 to 18 years in a meaningful, structured and regulated learning setting. The policy addresses regular attendance at learning institutions for all children. The policy emphasises inclusiveness and takes into consideration the following issues: 119

Provision of a balanced and diverse education Unattached Children/Youth Children in Special Circumstances Children with Special Needs Home Schooling Gender

Guidance and Counselling Unit The Guidance and Counselling Unit of the Ministry of Education is responsible for the development and management of schools guidance programmes. It focuses on students personal and social development, career education and the development of healthy lifestyles. Activities focus on five areas: 60 Prevention Education During 2007 training was conducted for 803 guidance counsellors, 301 students in peer counselling and 247 students as peace ambassadors. In addition 241 principals and PTA representatives were trained in peace promotions. 97 students were provided with substance abuse treatment through the National Council on Drug Abuse. HIV/AIDS and Heath and Family Life Education (HFLE) The major activities under HFLE during 2007 were: The training in 447 schools: involving 598 teachers/guidance counsellors, 223 principals and a total of 75,000 students. Providing Related Resource Materials A number of resource materials were produced and disseminated to schools over the same period. These included: 70 curriculum guides, 690 copies of Facts of Life, 2,500 copies of My Body and Me, 1,090 charts, pamphlets and other Health and Family Life Materials. Programme of Alternative Student Support (PASS) The Programme of Alternative Student Support is a behavioural intervention strategy being implemented to assist secondary schools to cope with students who display chronic maladaptive behaviour patterns. During 2007 154 students from 35 schools received therapy. Classroom Management and Sensitization Workshops were conducted for 573 teachers/guidance counsellors. In addition training was conducted by the Peace Corps in 20 schools and for 320 National Youth service students. Safe Schools Programme (SSP) The Safe Schools Programme is undertaken jointly by the MOE and the Ministry of National Security as mentioned before it conducts activities aimed at reducing violence and anti-social behaviours in schools with attention being extended to issues relating to the safety of children on the roads. There are currently 95 schools in the programme with 94 Trained School Resource Officers assigned. The officers provide training on issues relating to rape, carnal abuse, deportment, values and attitudes. During the period some 57 violent cases were reported, of which 49 had police intervention; 18 students were arrested. Programme of Advancement Through Health & Education (PATH)This Programme aims at delivering benefits of cash grants to the most needy and vulnerable in society. Among its specific objectives is increasing the attendance at school of children from poor households and ultimately increasing their retention in the education system. (Already discussed in detail under Theme 5)
60

PIOJ -ESSJ 2008

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School Feeding Programme Educators have long reported the strong correlation between the provision of a nutritious meal and the attendance patterns of students in schools. The School Feeding Programme introduced by the Government of Jamaica in 1976 was implemented to provide needy students with nutritional support in order to encourage attendance and enhance their learning capabilities. That Programme is now an integral part of the GOJs Social Safety Net Programme, and its main objectives are: To encourage greater and more regular school attendance To alleviate hunger, and enhance the learning capacity of the pupils by providing a breakfast and/or mid-day meal To serve as a source of income transfer for participating families To educate children on the value of food nutrition education classes To encourage children to grow their own food by establishing school gardens To supply at least one third (1/3) of the childs daily nutritional requirements

The cost of this programme is totally financed by the GOJ. It is progressively being expanded to reach more needy children as the Government strives to realize its stated policy for the improvement of basic and primary education. Private Sector Organizations through the Adopt-A-School Programme are encouraged to assist many schools in their school feeding programmes. Textbook Programmes The MOE provides textbooks free of cost to primary schools. At the secondary level, students can obtain textbooks under a loan programme. The following are programmes for those who have left school before school leaving age and graduation: The Jamaica Foundation for Lifelong Learning (JFLL) The JFLL has been expanding on the number of courses that were offered by the former Jamaica Movement for the Advancement of Literacy (JAMAL), so as to reach its goal of reducing illiteracy among the adult population in Jamaica. JFLL offers programmes to persons who may not be ready for the High School Equivalency Programme (HISEP). It is a total package for adults beginning with basic literacy aimed at preparing them to get a secondary level education. Career counselling is also included in the course offerings. The JFLL offers a modern approach to teaching as well as opportunities to a wide range of training. High School Equivalency Programme (HISEP) Current data show that a significant percentage of the out-of-school population has not attained Grade 11 certification. This translates into the fact that a number of Jamaicans are under-educated and cannot take advantage of educational and economic opportunities that may arise. In an effort to rectify this problem, programmes are being implemented to improve the educational level of this population. One such initiative is the High School Equivalency Programme (HISEP). HISEP is a modular programme of self-instruction and is aimed at providing persons who were not accommodated by the formal system with another opportunity to get high school education and certification.

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Inclusive Education: The Way Of The Future Inclusion The Jamaican Perspective

61

The Government of Jamaica is committed to providing an education system in which all Jamaican children can be included and be supported. Inclusive education from the Jamaican perspective coincides with the definition given by UNESCO, which is a process of addressing and responding to the diverse needs of all learners by increasing participation in learning and reducing exclusion within and from education. In addition to addressing the issue of access, we also emphasize quality, equity and relevance. Consequently, inclusion in Jamaica has taken on a new dimension where the focus is not only on facilitating children with disabilities in the mainstream but a broader look at provisions for all students. The government embraces the concept that all children should have equal opportunities regardless of their economic, cultural and social backgrounds or their differences in abilities or capabilities. Appropriate provisions are being implemented on a phased basis in recognition of budgetary constraints. Even though Jamaica has moved in this direction, there is still the need to maintain segregated facilities for the provision of specialized services and programmes for a select group of students. To do otherwise at this juncture would be to compromise the well-being of students who need special support that would be absent in a mainstream setting. The University of the West Indies has indicated a steady increase in the enrolment of students with visual impairment in its faculties of Arts, Education and Social Sciences. The University further reported that persons with disabilities experience difficulty moving into higher education, or succeeding at that level. This is caused by such challenges as language barrier (as in the case of the hearing impaired) as well as the lack of technical support. The government is pursuing plans to deal with such challenges to ensure true inclusion and to fulfil Jamaicas commitment to its responsibility as signatory to a number of international conventions regarding the political and civil rights of persons with disabilities. The government is cognisant of childrens entitlement to the full range of human rights, and is committed to safeguarding against their marginalisation and exclusion. This is undertaken with full realisation that particular groups will remain vulnerable to further risk factors, requiring the state to remain vigilant and ready to introduce additional interventions. The World Declaration on Education for All (Jomtien 1990) to which Jamaica is committed, supported by the Universal Declaration of Human Rights and the Convention on the Rights of the Child, gives credence to the value Jamaica places on education as an agent of National Development. This commitment, among others, is grounded in the philosophy that Every Child Can Learn and Every Child Must Learn and is the theme for the current transformation process. An Inclusive Environment Curriculum Considerations Approximately sixty percent (60%) of the population of students with special needs fall within the mild range. These students are recognized by the lag behind their peers in academic performance. On the other hand, there are students who are gifted and talented and must be provided for in an inclusive context and there must be scope within the curriculum to engage these students. The standards set for curriculum achievement must therefore be applied to all students.
61

Extract from paper presented at the Caribbean Symposium on Inclusive Education: The Jamaican Experience, December 5-7, 2007.

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Expectation of schools and other educational institutions are constantly rising in keeping with the challenges of modern and competitive knowledge-based economies. This implies that schools must constantly add value regarding the output of the educational process based on realistic standards and practices. The Ministry of Education has developed standards at all levels of the system and these standards are drivers of the education process and are grounded in the following principles and understandings: The goal of education is to produce well-rounded, responsible individuals who are literate, numerate, environmentally aware, humane, culturally sensitive, and tolerant. Learning and education are complex activities and are best carried out by corporate and co-operative actions and interactions All students are capable of learning and should be provided with the opportunities to do so. All students are entitled to quality curriculum and instructional methods Mastery of the curriculum offerings and delivery techniques are indispensable for success. In this regard the MOE is introducing curricula that link the emerging needs of the society with the needs of children and adults. Opportunity, in this context, is provided for the involvement of various stakeholders in the development and execution of curricula at the three levels of the education system.

Teacher Preparation and Inclusion Since 1998, all teachers in training are required to do a module in Special Education. This course is meant to sensitize all teachers to the various types of exceptionalities and the approaches that can be used in working with students even before a formal assessment is done. Teachers are also exposed to other special areas of training in an attempt to provide the best responses to the specific needs of the students. Box 19:

Jamaican Children Speak about Education

Children felt that Jamaica did well in providing primary education but fell down after that. The recommendations for the Government to consider are: Provide school supplies, lunch money books Put in scholarships for children to be able to go to college. Build more schools Make sure to fix all school facilities so every child can have an education, including books, supplies, doors and windows, electricity, water and more technology in schools, computers Take tax off school uniform, etc. and basic things children needStop bad corporal punishment Children speak about teachers Children that dont learn in regular ways or as fast as other children should receive more attention All teachers should have some training in psychology. Teachers should never abuse children. Code of dress and conduct for teachers Better teachers

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Children speak about the cost of education

Jamaica is not doing so well on this theme because parents cannot afford to pay for school, school fees, uniforms and books cost too much. Fees need to be lowered for school, and ensure that the children who are on the street get to go to school without having to pay for fees

The government should provide assistance with uniforms and fees, children on the street need to be provided with these things

(For additional data related to Theme 7, see Annex: 7-A1 to 7-A16)

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8. SPECIAL PROTECTION MEASURES

Convention on the Rights of the Child:
Article 30: Children of minority communities and indigenous population have the right to enjoy their own culture and practice their own religion. Article 32: The right to be protected from labour that threatens health, education or development Article33: The right to be protected from use, production and distribution of drugs Article 34: Children must be protected from sexual exploitation, from prostitution and involvement in pornography Article 35: To prevent the sale, trafficking and abduction of children Article 36: Other forms of exploitation Article 37 b-d: Protection from torture and unlawful deprivation of liberty Article 39: The recovery of children who are victims of war, neglect and abuse Article 40: The protection of children in conflict with the law

8.1. Economical Exploitation including Child Labour

*UNCRC Recommendation #51 The State to take further measures to assess scope and nature of economic exploitation of children in all sectors and take the necessary measures to reduce and eliminate child labour in close cooperation with ILO including by introducing a separate legal provision prohibiting the employment of children under the age of 18 in hazardous work i.e. work that is likely to be harmful to the childs full and holistic development The State to take action to implement policies and legislation relevant to address child labour, economic expense (campaign and public education and protection of rights of children). The State party to ratify and implement ILO Convention and 138 and 182 * Concluding Observations (2003) 50, 51, 52 & 53

In October 2003 Jamaica ratified the ILO Conventions 138 and 182, concerning the minimum age for the admission to employment and the prohibition and immediate action for the elimination of the worst forms of child labour, respectively. In 2002 the Ministry of Labour and Social Security in conjunction with the local ILO/International Programme for the Elimination of Child Labour (ILO/IPEC) and Statistical Institute of Jamaica (STATIN), completed a Youth Activity Survey62 aimed at determining the number of children in child labour, particularly the worst forms. Preliminary findings were presented to the National Steering Committee for the Elimination of the Worst forms of Child Labour. The main conclusions of the Jamaica Youth Activity Survey conducted in 2002 forms the basis of information shared in this section of the report. The survey outlined that an estimated 16,240 children or 2.2 percent of children in the 15-17 age group were undertaking some form of economic activity. Of these, 75 percent were males and 25 percent were females. The main reason for childrens economic activity was poverty as 43 per cent spent their earnings on food and clothes and another 31 per cent gave some or all of their earnings to their
62

Jamaica Youth Activity Survey 2002- Kristin Fox

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family. Other information suggests that the typical street child (and any other category of working children) was a thirteen-year-old boy from a female-headed household of five, where his guardian is marginally employed as a vendor, domestic-helper, and self-employed or unskilled worker. The problem of street and working children is therefore largely a problem that affects boys, with the important exception of particular categories of working children, such as girls working as prostitutes. The survey also noted many of the children were working in the informal sector of the economy with diverse activities on the street, in small businesses, as own account workers and family concerns. Many of these jobs are likely to be hazardous both in terms of the work itself and in terms of the environment. For example children working on the street would be exposed to exhaust fumes. Furthermore they are not protected from abuse and there is little job security. A National Plan of Action on Child Labour, Jamaica was endorsed by Cabinet in 2007 63. This Plan of Action was developed from inputs of two national stakeholder consultation sessions where participants identified the following as target groups for priority action: Child domestic workers Children in hazardous situations rural agriculture/fishing sectors Children in prostitution Children in forced labour situations, especially street children

The Plan (Table 8.1) identifies seven (7) important areas for focus:

63

National Plan of Action on Child Labour , Jamaica -2007

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Table 8.1 Area of Focus National Plan of Action for Child Labour Areas of Focus Objective Status
To develop a comprehensive and integrated policy framework to combat child labour and to maintain information systems to guide policy development Child Labour Unit was established within the Ministry of Labour and Social Security to regulate issues surrounding child labour. The ILO has agreed to fund research as part of new project Tackling Child Labour through Education arising from Youth Activity Survey done by STATIN in 2002. Direct support is provided to children and their parents through assistance from members of the NGO community, who receive a small stipend from the Government. There is the programme PATH the Programme for Advancement thought Health and Education which assist qualified children and their families with a fortnightly stipend There are no special provisions for access to health care for children engaged in child labour. However, all children in Jamaica receive free health care in the public system.

1.National Policy and Resource Development:

2. Social and Economic Support Services:

To provide income generating and other opportunities for at risk children and their families and to develop and strengthen community and family support systems to prevent children getting involved in child labour activities

3. Health and Child Labour:

To sensitize health care professionals to the special needs of at risk children and to improve the health status of children engaged in child labour through better access to medical services, including reproductive health treatment, etc) To promote healthy lifestyle among children engaged in child labour To provide training and support to social partners who take action in combating child labour and organize for the sharing of best practices among each other.

4. Training and Capacity Building:

5. Public Information & Awareness:

Education:

6. Social Protection:

7. Monitoring & Evaluation:

To increase and heighten public awareness of child labour issues and to develop and implement a SCREAM (Supporting Child Rights Through Education, Arts, and Media) project in Jamaica. To increase educational opportunities, facilities and access to children engaged in child labour To increase the ease with which children in child labour can access social protection programmes and to provide and improve government support to children and or families in vulnerable conditions To provide for on-going assessment of progress and monitor condition of child labour in Jamaica

A number of workshops have been held to provide person with Technical information on Child Labour., Occupational Health Safety (OHS) inspectors are also sensitised on issues of child Labour .The issue will also be addressed in Regulations under the proposed OHS Act. Produced Video and CD as part of campaign material. This is supported by radio and TV interviews and crawlers seeking the support of the public. To be addressed with greater focus under new project TACKLE PATH, Possibility Programme

Information on Child labour is now included in the Labour Market Bulletin produced by the MLSS. National Steering Committee on Child Labour was formed to oversee implementation of National Programme

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All persons are obliged to prevent child labour and report it immediately to the relevant authorities (the Police, the Family/Childrens Court, the Child Development Agency, the Ministry of Labour and Social Security and/or its Labour Inspectors). The Child Care and Protection Act sets out the following conditions pertaining to child labour: It is an offence to employ a child who is under the age of 13 to perform any work; Children aged 13 15 years may be employed in certain occupations and under certain conditions prescribed by the Ministry of Labour and Social Security (light work appropriate to the childs age); Children 15 years and over must not perform work that is likely to be hazardous, interfere with their education, or be harmful to their health or physical, mental, spiritual or social development. They must not be employed in night work (10:00pm to 5:00am) or an industrial undertaking (e.g. mining, working in a cigarette factory, manufacturing, construction or transportation of passengers or goods); Children detained in correctional centres, serving community service orders, or pursuing schoolrelated activities are allowed to do work that is not likely to be hazardous, or to interfere with their education, or to be harmful to their health or physical, mental, spiritual or social development; It is an offence to employ children in night clubs; and It is an offence for a child to be used for an indecent or immoral purpose and to knowingly rent or allow ones premises to be used for these purposes.

The national policy is also an outcome of the Child Care and Protection Act and will be incorporated under the proposed Occupational Health and Safety Act. In February 2009 the Government of Jamaica, in collaboration with ILO/IPEC and the EU, launched a new project to combat child labour in Jamaica. The project, entitled TACKLE (Tackling Child Labour through Education), is expected to last for 3 years and cost just over US$1 million. The areas of focus will be public awareness, capacity building, advocacy, community programmes and the mainstreaming of victims of child labour. The Possibility Programme The Possibility Programme is a multi-agency project aimed at providing the necessary support for children and youths who are on the street, to better improve their life chances. The Office of the Prime Minister implemented the Programme in 2001. In 2008 the implementation of the Programme was transferred to the Ministry of Sports, Youth and Culture. The Programme is comprised of four (4) components with Intervention Centres to address the challenges of the target group. The components are as follows: The Care Centre This serves as an intake, diagnostic and referral location for the Programme. The Centre is intended to be the first point of contact with the target population. The Centre connects them with the relevant agencies that will provide a range of services to address physical, emotional and spiritual well-being. The Centre also offers remedial work in Mathematics, English, Social Studies and Physical Education.

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The Skills Training and Employment Centre The HEART/ National Training Agency is a key partner in this component as youths are trained in shoe making and shoe repair services, general leather care, remedial education, life skills and conflict resolution skills as well as customer service and civic responsibilities. Participants engage in apprenticeship training at garages, furniture shops and food processing plants. There are some who have been offered employment by private sector companies. The Re-socialization Camp This aspect of the Programme is conducted in partnership with the Jamaica Defence Force (JDF). The Camp provides specific programmes to assist the children and youths in coming to grips with and controlling anti-social behaviours. They are also involved in sporting activities to improve social skills. The Possibility Hostel This facility houses children and youths who live in violent communities or face difficult situations. Activities of the Hostel take place in a home-like atmosphere with the residents attending school and participating in skill training activities such as chicken rearing and ornamental fish breeding and the development of vegetable gardens.

8.2. Sexual Exploitation/Trafficking *UNCRC Recommendation #55 Undertake study to examine the sexual exploitation of children, gathering accurate data on its prevalence Take appropriate legislative measures to develop a comprehensive and effective policy addressing the sexual exploitation of children, including factors that place such children at risk Policies and programmes for prevention, recovery reintegration of child victims. * Concluding Observations (2003) 54 & 55 Over the period under review the Government adopted and implemented a wide range of rights-based initiatives and measures to protect children from sexual exploitation. These include: Conducting relevant studies on the sale of children, sexual exploitation and child pornography. Providing the necessary legal framework and law reform as well as enforcement mechanisms already discussed in Review of Legislation under Theme 1, General Measures of Implementation. Public education and awareness sessions to sensitize the wider community and children on the nature and impact of sexual exploitation as well as the measures that can be adopted to mitigate such risks. Adopting and implementing measures to protect and assist victims and ensure recovery and reintegration. Entering into multilateral, regional and bilateral arrangements for the prevention detection, investigation, prosecution and punishment of those responsible for offences related to sexual exploitation of children.

Legal Framework To deal with the issue of human trafficking, the Government enacted the Trafficking in Persons (Prevention, Suppression and Punishment) Act in 2007. The provisions of the Act are in keeping with the international Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children. It seeks to act as a deterrent to offenders and would-be offenders, punish the trafficking in persons, especially as it relates to the sexual exploitation and prostitution of women and children, and stem the proliferation of sex tourism. Additionally, the Ministry of Justice, in collaboration with a multi-sectoral team, has put systems in place to 129

support housing and psycho-social services for children and women who have been victims of trafficking and apply a holistic approach to facilitate their re-integration into the wider society. Special consideration is also being given to victim impact assessments and gender-sensitive screening for women and girls. A hotline has been created to report cases of alleged human trafficking.

Prior to the enactment of the Trafficking in Persons Act, persons who were convicted of trafficking offenses received prison sentences in accordance with the trafficking statutes of the Child Protection Act, which states in Section 10 (1) that no person shall sell or participate in the trafficking of any child and (2) Any person who commits an offence under sub-section (1) shall be liable on conviction or indictment before a Circuit Court, to a fine or to imprisonment with hard labour for a term not exceeding ten years or to both such fine and imprisonment. There are also substantial penalties for violation of this provision under the CCPA. Section 39: (1) states that a person commits an offence if that person (a) employs a child in a nightclub; or (b) in any manner, uses a child for the purposes of any conduct contrary to decency or morality (2) A owner or operator of a nightclub who permits a child to enter in to, or remain in, the nightclub commits an offence (3) An owner or operator of a nightclub or premises, who commits an offence under sub-section (1) or (2) shall, in addition to any other penalty to which he may be liable under this Act, shall be liable to have his license to operate the nightclub revoked and in the case of such revocation, shall not be eligible to be issued a license to operate a nightclub until the expiration of three years from the date on which such owner or operator is convicted for the offence. (4) Any person who knowingly rents, or allows his premises to be used for the purposes of any conduct mentioned in sub-section (1) involving a child, commits an offence. (5) Any person who commits an offence under this section shall be liable upon summary conviction before a Resident magistrate to a fine not exceeding one million dollars or to imprisonment for a term not exceeding one year. To enforce the law, a Trafficking in Persons (TIP) Unit was also established in the Organised Crime Investigation Division of the Jamaica Constabulary Force. The Unit works in collaboration with the Ministry of Labour and Social Security to screen applications for work permits. It also conducts follow-up investigations to review work permits granted, ensure that there are no breaches, and where there are breaches, to recommend suspension of permits. Since the passage of the Trafficking In Persons Act, four persons have been convicted using both the CCPA and the Trafficking in Persons Act. The National Anti-Trafficking Task Force allows for coordination among various NGOs and government agencies -- internal, international, and multilateral -- on trafficking-related issues to provide for on-going assessment of progress and monitor conditions of child labour in Jamaica. The police anti-trafficking unit works closely with liaison officers at the Department of Public Prosecution (DPP), where specially trained officials provide guidance on which cases should be prosecuted under trafficking laws. Police and judicial officials received anti-trafficking training from IOM and other organizations. No reports of official complicity with human trafficking were received in 2008. The existing law provides for the government to assist victims with: understanding the laws of Jamaica and their rights; obtaining any relevant documents and information to assist with legal proceedings; replacing travel 130

documents; any necessary language interpretation and translation; meeting expenses related to criminal proceedings against the traffickers; and provision of shelters and assistance to cover expenses. A lack of financial resources seriously constrains the governments ability to provide these services. With the funding that is available, however, the government has begun construction of a shelter for women and children trafficking victims scheduled to open by mid-2009. As specialized shelters for trafficking victims remain largely unavailable, law enforcement and social service agencies refer victims to safe houses for abuse victims that are run by NGOs. Law enforcement, immigration, and social services personnel use formal mechanisms to proactively identify victims of trafficking among high-risk populations they are likely to encounter, and to refer these victims to NGOs for short- or long-term care. Pursuant to its anti-trafficking statute, Jamaican authorities encourage victims to assist in the investigation and prosecution of their traffickers. Victims may also independently file civil suits or take other legal action against their traffickers. One victim assisted in the investigation and prosecution of traffickers during the reporting period. Victims are not penalized for immigration violations or other unlawful acts committed as a direct result of being trafficked. The Jamaican government allows foreign trafficking victims participating in a law enforcement investigation or prosecution to stay in Jamaica until their cases have been completed and their safe return to their home countries is certain. Public Education and Awareness The government made steady progress in its effort to raise the publics awareness of trafficking during the reporting period. It has conducted anti-trafficking education campaigns in schools and rural communities. The efforts are assisted by local NGOs, which used videos and live theatrical performances to highlight the dangers of trafficking, and also included anti-trafficking components in outreach to vulnerable populations, especially in popular tourist destinations. The campaigns also targeted potential trafficking victims i.e. poor and vulnerable adolescent girls and boys. Although the Child Care and Protection Act has clearly outlawed the employment of children in nightclubs, the government further tightened issuance of exotic dancer permits for Jamaican hotel establishments by significantly increasing the permit fee.

Protection of the Social and Economic Rights of Asylum Seekers and their Families A draft refugee policy is being finalized to ensure that Jamaica meets its obligations under the 1951 United Nations Conventions Relating to the Status of Refugees and its 1967 Protocol. The Policy is the outcome of inter-agency consultations coordinated by an Inter-Ministerial Committee that was established in 2001. Persons applying for refugee status shall be determined in accordance with established procedures. In keeping with the procedures outlined in the Policy, immigration officers interview foreign nationals applying for refugee status in Jamaica on arrival. Thereafter, an Eligibility Committee comprising representatives of the Ministries of National Security, Foreign Affairs & Foreign Trade, and Justice interviews the individuals. Every effort is also made to ensure the family reunification of migrants.

Refugee Children Jamaica rarely finds itself with refugee children. However on the occurrence of natural disasters or other emergencies, Jamaica has provided assistance in accordance with the stated protocols.

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Children in Armed Conflicts In Jamaica persons under the age of 18 years are not recruited or allowed to enlist voluntarily into the armed forces. Unfortunately however children may become victims in crossfire or recruited into activities associated with community gang violence. 8.3. Juvenile Justice * UNCRC Recommendation #57 Establish an independent mechanism to monitor the situation of children in conflict with the law including children in juvenile detention centres and monitor preventive, recovery and evaluation policies in this regard Amend legislation to ensure children are not sentenced to life imprisonment Strengthen efforts to educate and sensitize police personnel, judiciary and other staff in the Juvenile Justice System to the provisions of the CRC especially concerning the special of needs of children deprived of their liberty ensure the rights of the child. Take further measures to ensure that detainees under the age of 18 are not kept in or even placed in police lock-ups in substandard conditions Improving the living conditions of children on remand and encouraging communication between the police and the childrens officers responsible for the placement of detained children Take further measures to provide alternatives to institutionalisation of juvenile offenders. In this regard the Committee wishes to emphasize that article 37(b) of the Convention requires that detention shall be a last resort and for the shortest period of time possible Evaluate and improve the standards of juvenile institutions such as Places of Safety, including their living conditions, reintegration and psychological recovery programmes and the quality of personnel. * Concluding Observations (2003) 56 & 57

The Department of Correctional Services has the responsibility for safe custody and the rehabilitation of children who are in conflict with the law and are placed in correctional facilities. These children are usually from low socio-economic backgrounds and perform at the lower end of the literacy continuum. While steps have been taken to improve the safety and well-being of children in the custody of the State it is acknowledged that there are challenges to be addressed including the strengthening of the systems in place for the protection of children. These include the upgrading of facilities and the improvement of the monitoring and review of institutions in which children in the care of the State are placed.

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Table 8.2:

Admission To Juvenile Institutions by Age, Sex and Offence, 2008

Offences Murder Wounding Larceny Possession of Offensive Weapon Shop/House Breaking/La rceny Breach of Probation Order Dangerous Drug Assault Sexual Offenses Rape Malicious Destruction of Property Robbery Illegal Possession of Firearm Uncontrollab le Behaviour Variation of Fit Person Order Care and Protection Traffic Offenses Receiving Stolen Property Others Total Under 13 years 1 13 years 1 2 1 14 years 1 2 1 15 years 4 3 6 16 years 7 4 17 years 8 5 Total Male 21 16 9 Total Female Grand Total 21 16 9

21

21

2 1 1 3 13

1 2 1 2 1 1 3 4 2 1 24

1 2 4 2 2 2 1 13 2 3 1 6 53

7 3 4 1 2 3 4 12 2 1 1 3 63

5 4 7 2 4 4 9 7 1 1 2 1 5 72

16 12 16 5 2 9 11 17 32 7 5 3 2 14 218

7 1 8

16 12 16 5 2 9 11 17 39 7 5 3 2 15 226

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Since 2006 admissions to the correctional centers have consistently exceeded 200 children, which has posed a challenge for the DCS to comfortably accommodate these additional child offenders. In addition to the limitations posed by the lack of physical space there has been corresponding challenges related to the increasing numbers of children committing more serious crimes and presenting with behaviour problems, which has resulted in the court placing these children in adult correctional facilities. Of note is the steady increase in the number of female child offenders who now consistently display more serious behavioural challenges than their male counterparts. Jamaicas juvenile custodial population was 430 at the end of 2008. Of this number 73.7 per cent (317) were boys. A total of 218 males and 8 females were admitted to the islands juvenile institutions, with the others being placed in other facilities such as Places of Safety. The majority of these wards were between the ages of 15 and 17 years. Of the 113 girls admitted in the custodial population, 53 were housed in the adult womens prison due to inadequate facilities for high-risk female juveniles. A total of 3,293 juveniles (64.1 per cent) appeared before the courts in 2008, compared with 3,059 in 2007. Approximately 30.9 per cent was for care and protection/child abandonment. Others committed offences; the largest categories were minor and other offences 19.9 per cent and wounding/assault 16.7 per cent. Table 8.3 below gives a picture of the steady increases in the number of child offenders in Correctional facilities from 2003 to December 2008. It must be noted that there are 306 spaces in the four Juvenile Correction Centres. urrently 80 children housed in Adult Correctional Centres. Table 8.3: Number of Offenders in Juvenile Correctional Centres 2005 288 2006 382 2007 332 2008 339

Source: Department of Correctional Services 2008

In May 2009 there was a tragic fire at the Armadale Correctional Centre for Girls in which seven children lost their lives. This incident sharpened public focus on the conditions under which juveniles are housed in some facilities. It highlighted some serious abuses in the current system and indicated a need to focus on providing more suitable facilities and a more humane programme for child offenders. Following the fire the Centre was ordered closed immediately by the Prime Minister who personally visited the tragic site and commissioned an Enquiry into: (a) The causes and circumstances of the fire; (b) The response of the management of the institution to the outbreak of the fire, including established evacuation procedures and the availability and readiness of fire prevention and fire fighting equipment at the institution; (c) The behaviour of the juvenile detainees occupying the institution before and at the time of the fire, the response of the emergency services, including the police, fire and medical services and the effect these had on the origin, control and consequences of the fire. This incident has evoked harsh condemnation of the Correctional Services and the overall child protection system by much of the wider society. The hearing of the Commission was covered diligently by the media and closely followed by Jamaicans. The Report and Recommendations from the Commission are being awaited.

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Further to the closure of Armadale on the instruction of the Prime Minister, the wards were relocated to a new facility, which has since been declared by the Minister of National Security a Juvenile Correctional Centre. This facility has been retrofitted and has a capacity of forty-five (45) wards, accommodating three (3) to a room. Each room is fitted with its own bathroom and wards are comfortably housed. Task Force on Residential Child Care Institutions The Prime Minister directed that a Task Force on Residential Child Care Institutions be established with the mandate to examine Policy issues such as the financing and general physical infrastructure of Child Care Institutions, the recruitment and screening of staff and provision for the health, education and social welfare of all children, including children with special needs. These issues will be examined in the light of the current situation of children in the custody of the State and recommendations made in previous reports, including the Keating Report. The Task Force was asked to make recommendations on each item and to prepare a Plan of Action with costing and a timeline for implementation. The Plan has been completed and is to be presented to the Honourable Prime Minister shortly for his approval. There is a high level of commitment to this Plan which when implemented will significantly improve the situation of children in the custody of the State. Initiatives to Improve the Juvenile Justice System Staff Development

Cognizant of the need to better equip members of staff who work with wards, a training programme specially designed for these members of staff was implemented in August of 2009. The course covers areas such as the Child Care and Protection Act, Case Management, Treatment of Children, Interview Techniques and Working with Troubled Children. As at October 16, 2009, forty (40) Correctional Officers who work with the Juveniles have been trained. The medical, psychological and psychiatric aspects of rehabilitation have been improved through the employment of additional persons in the system. The DCS is addressing concerns about the education of wards through the recruitment of teachers and instructors. Behaviour Modification Programme

Hush the Guns, a behaviour modification programme, which includes areas such as staff control, relationships and managing emotions, has been successfully implemented at the Diamond Crest and Rio Cobre Juvenile Correctional Centres. Children in correctional facilities are also benefiting from co-curricular sport activities through their inclusion in a cricket programme sponsored by an international cricket personality. Upgrading of Facilities

Every effort is being made to resolve problems of overcrowding and inadequate physical infrastructure where these problems exist. This will allow for improved assessment, classification and separation of children. The Ministry of National Security and the Department of Correctional Services have resumed plans to retrofit and upgrade the Montpelier Correctional Institution and Remand Centre to accommodate 250 children. The Facility would help improve compliance with international standards concerning the deprivation of liberty of children. 135

National Plan of Action for Child Justice (NPA) 2006-201164

The National Plan of Action for Child Justice (NPA) is a comprehensive initiative setting out a multi-agency response to the state of Child Justice in Jamaica. A Steering Committee was mandated to oversee the development of this Plan and it was the subject of wide ranging consultation across sectors. The goal of the NPA is to develop and sustain a Justice System in which the best interest of the child is paramount. It speaks to the development of a National Diversion Policy, the establishment of more Family Courts, the implementation of measures to assist young and vulnerable witnesses in giving evidence in a court of law, the establishment of Boards of Visitors to the Children Correctional Institutions, and to widen support coverage programmes for conflict resolution in schools, among other things. In keeping with a mandate from Cabinet, on October 12, 2009, it was decided that immediate steps should be taken to implement the National Plan of Action. An offer of financial assistance has been made by UNICEF in the amount of J$17 Million towards the implementation of aspects of the Plan. The Childrens Court

The Childrens Court created by the CCPA is seen as a progressive step in the area of Specialist Courts and is in keeping with the promotion of the best interests principle. It creates a different judicial space for children who come before the courts whether for care and protection or are in conflict with the law. An important feature of the Childrens Court is the ability to expedite matters relating to children while providing emotional and psychological support for children in a confidential setting. The Family Courts

Family courts were established under the Judicature (Family Court) Act of 1975. Their aim is to prevent family breakdown, and where this is not possible, they ensure that the welfare of the children are protected. Family courts are a division of the Resident Magistrates Court and exist in four (4) parishes with social workers, probation officers, counsellors and court staff housed in the same building to amalgamate services in the best the interest of the child. Once the police detain a child, the child is brought to an intake counsellor at the Family Court, who determines whether arrest or counselling is appropriate. If the child is required to go to Court the child is placed in a place of safety or remand centre, not the police lock-up. In the ten parishes without a Family Court, Childrens Courts carry out these duties with staff from Criminal Court presiding. The Ministry of Justices recurrent budget allocated $113.8m to the Family Courts for 2007/08 and a marginal increase to $118.6m for 2008/09. In 2008 the islands Family Courts heard 39,252 cases. The majority of the cases, 68.1 per cent, were heard in the Western Regional Family Court, which served the parishes of St James, Hanover and Westmoreland. Most of the Family Court cases heard related to maintenance issues (20,181 cases) accounting for 51.4 per cent of the total cases heard. Adoption related cases were the least number of cases heard (0.2 per cent), followed by Declaration of Paternity (2.1 per cent). Domestic Violence accounted for 5.9 per cent of all cases heard in the islands Family Courts, which, though a relatively small percentage, still remains an issue of serious concern. 65 (For additional data related to Theme 8, see Annex: 8-A1 to 8-A3)

64 65

Information received from the Ministry of Justice 2009. Source: Economic and Social Survey 2008p

136

REFERENCES
1. Broadcasting Commission Childrens Code for Programming; August 8, http://www.broadcastingcommission.org/about_the_commission#continue-from-index-accessed October 4, 2009 2002 on

2. Bailey, B. (2006) Gender and Education in Jamaica: What About the Boys?, Education for All in the Caribbean: Assessment 2006 (UNESCO monograph series).Ibid. 3. Child Development Agency. Annual Reports (2005-2006, 2006-2007, 2008-2009) 4. Child Development Agency, 2009-20120 Corporate Strategic Plan. 5. Child Development Agency, National Plan of Action for Orphans & Other Children made Vulnerable by HIV/AIDS in Jamaica (2003 2006), , UNICEF, CIDA, Kingston Jamaica 6. Cooke, Ruel, National Survey of Street & Working Children, prepared for the Child Support Unit, Ministry of Health, 2002

7. Daily Gleaner, Dancehall under attack - Broadcasting Commission sticks to ban on vulgar lyrics; Daraine Luton, Staff Reporter Published: Tuesday | February 10, 2009 http://www.jamaicagleaner.com/gleaner/20090210/lead/lead2.html on October 4, 2009. 8. Early Childhood Commission (2007). The Status of the Rights of the Young Child in Jamaica Child, A Report prepared to inform the Active Dissemination Process of General Comment 7, Kingston, Jamaica 9. Early Childhood Commission (2006) Revised Corporate Plan 2006-2009. Kingston, Jamaica 10. Fox, K. (2004) Assessing the Level of Birth and Birth registration in Jamaica. 11. Fox, K. (2002) Jamaica Youth Activity Survey ILO/UNICEF/STATIN/US Dept of Labour, Kingston, Jamaica 12. Government of Jamaica, Vision 2030 Jamaica National Development Plan. 13. Government of Jamaica, Child Care & Protection Act (2004) www.cda.gov.jm 14. Government of Jamaica, Children (Adoption of) Act 15. Government of Jamaica, Ministry of Labour and Social Security (2006) Early Stimulation Programme. http//www.mlss.gov.jm 16. International Disability Rights Monitor (2004) Regional Report of the Americas, International Disability Network, Chicago 17. Jamaica Coalition on the Rights of the Child, Annual Reports (2005/06) 18. Ministry of Education, Youth & Culture. (2006) Culture in Education Programme 19. Ministry of Education, Youth & Culture. (2001) National Policy for HIV/AIDS Management in Schools 20. Ministry of Education, (2008). National HIV & AIDS Strategic Plan for the Education Sector, 20072012 21. Ministry of Education, Youth & Culture. (2004) Task Force on Educational Reform In Jamaica 137

22. Ministry of Education, (2000) White Paper on Education Youth and Culture. Kingston Jamaica 23. Ministry of Health, (2004, 2006, 2007) Annual Reports. Kingston, Jamaica 24. Ministry of Health, (2002), Jamaica HIV/AIDS/STI National Strategic Plan. Kingston, Jamaica 25. Ministry Of Justice Victims Charter (MIS Department July 19, 2006) accessed online on October 19, 2009 at: http://www.moj.gov.jm/pdf/victims_charter.pdf 26. Ministry of Labour and Social Security (2006) National Plan of Action on Child Labour, Jamaica. IPEC Jamaica/MLSS 27. Office of Disaster Preparedness and Emergency Management, (2005, Guidelines for Child-Friendly Disaster Management and Response. ODPEM/UNICEF 28. Office of the Childrens Advocate. (2006-2007, 2007-2008, 2008-2009) Annual Reports 29. Office of the Childrens Advocate. Children in Jamaica: Twenty Years after the CRC. OCA/UNICEF 30. Parry, O. (2000) Male Underachievement in High School Education in Jamaica, Barbados and St. Vincent and the Grenadines 31. Planning Institute of Jamaica and Statistical Institute of Jamaica (2006, 2007) Jamaica Survey of Living Conditions. Kingston, Jamaica 32. Planning Institute of Jamaica, National Report of Jamaica, (2009) Millennium Development Goals Report for the UN ECOSOC Annual Ministerial Review - Geneva. 33. Planning Institute of Jamaica. Economic and Social Survey, Jamaica (2003, 2005, 2006, 2007, 2008) Kingston, Jamaica 34. Ricketts, H & Anderson, P (2009): Parenting in Jamaica. Planning Institute of Jamaica, Kingston 35. Roberts, G. W. Professor, Mating and Fertility in Four West Indian Populations (Mona: Institute for Social and Economic Research (ISER), University of the West Indies, 1975). Quoted in Jamaica Survey of Living Conditions 2007 36. Stanley L.A., Samuels C.V., (2003) From Rights to Action, JCRC/UNICEF, Kingston, Jamaica 37. UNICEF and PIOJ, (2007) Fiscal Expenditure on Services for Children in Jamaica, 2003/4, 2004/5, 2005/6, 2006 38. United Nations Committee on the Rights of the Child (General Comments 1-10) United Nations 39. UNICEF, 2007, Progress for Children: A World Fit for Children Statistical Review, Number 6, December 2007 40. UNICEF and PIOJ National Report, Jamaica (2009) Child Poverty and Disparities in Jamaica. WHO/UNICEF 41. UNICEF Mid-Term Review Report (2007- 2011 Programme of Cooperation) Govt. of Jamaica/UNICEF 138

42. UNICEF, OACNUDH. (2006) Compilacion de observaciones finales del Comite de los Derechos del Nino sobre paises de America Latina y el Caribe (1993-2006) English Speaking Caribbean-Section) Santiago, Chile 43. UNICEF (2008) A World Fit for Children, New York, USA 44. UNICEF, CIDA, Rapid Assessment of the situation of Orphans & Other Children Living in Households affected by HIV/AIDS in Jamaica (2002), National AIDS Committee, UNICEF, CIDA, Kingston Jamaica 45. World Bank, (2005) Natural Disaster Hotspots: A Global Risk Analysis. Disaster Risk Management Series #5

139

Appendix 1 MDG Progress Matrix for Jamaica

Goal/ Targets
1. Eradicate Poverty & Hunger 1a. Halve, between 1990 & 2015, the proportion of people below the poverty line 1b. Halve, between 1990 & 2015, the proportion of people who suffer from hunger 2. Achieve Universal Primary Education 2a. Ensure that, by 2015,children everywhere, boys and girls alike, will be able to complete a full course of primary schooling 3. Promote Gender Equality and Empower Women 3a. Eliminate gender disparity in primary & secondary education, preferably by 2005, & to all levels of education no later than 2015

Progress Dec 2007

Explanation

Comment

Achieved

Reduced by two-thirds. Proportion of under weight children <5 yrs reduced by Three-quarters. Proportion of food poor reduced by two-thirds.

Achieved

Causal factors include reduction in inflation, growth of informal sector, increase in real wages, and probably include remittances. Vulnerable to exogenous shocks. Likely to be unsustainable under global recession.

Achieved

Net enrolment over 90%. Gross enrolment almost 100%

Problem not access but quality of education, under - performance of boys, & attendance problems connected with poverty.

Lagging

No gender disparity at primary level. Gender disparity begins at Grade 6 in the primary completion rate and peaks at grade 9 of secondary levels as boys drop out. Males under-represented at tertiary level by 2:1. Low representation of women in Parliament (13%) Under-five mortality rate only reduced by 14% up to 2005. Infant mortality rate reduced by almost one-third.

Problems include underperformance of boys, unemployment rate among women (over twice that of men), and cultural barriers affecting female participation in governance.

4. Reduce Child Mortality

4a. Reduce by twothirds, between 1990 & 2015, the under-five mortality rate

Far behind

Immunization rates high. At Jamaicas comparatively low mortality levels major resources needed to reach target. 70% of infant deaths occur in perinatal period. There are unresolved data management problems in this area. Deaths from direct causes halved over 10 yrs, but 83% increase in deaths from indirect causes e.g., HIV/AIDS, NCDs, unsafe abortions. 47% shortage in midwife cadre, lost to migration. Reproductive issue among young girls is forced sex.

5. Improve maternal health

5a. Reduce by threequarters, between 1990 & 2015, the maternal mortality rate 5b. Achieve by 2015, universal access to reproductive health

Far behind

On track

Unresolved data management problems also exist in this area. Data available indicate a 20% reduction over 14 yrs Close to universal access to ante-natal care. Only 10% unmet need for

family planning.

140

Goal/ Targets 6. Combat HIV/AIDS, Malaria and Other Diseases

6a. Have halted by 2015 & begun to reverse the spread of HIV/AIDS 6b. Achieve, by 2010, universal access to treatment for HIV/AIDS for all those who need it 6c. Have halted by 2015 & begun to reverse the incidence of malaria and other major diseases

Progress Dec 2007

Explanation

Comment Major reason for decline was access to antiretroviral treatment through Global Fund.

On track

1st decline in AIDS deaths in 2005 and in AIDS cases in 2006. Access to retroviral drugs jumped from <5% in 2000 to 60% in 2008. Local malaria outbreaks since 2006 swiftly contained, no deaths. TB incidence/deaths declining

On track On track

Malaria had been eliminated for many years but there were 186 imported cases in 2006, followed by local transmission in 2007. Poor sanitation in urban inner-city areas now cited for more recent local outbreaks in Kingston.

7. Ensure Environmental Sustainability 7a. Integrate principles of sustainable development into country policies & programmes & reverse the losses of environmental resources. 7b. Reduce biodiversity loss, achieving, by 2010, a significant reduction in the rate of loss

Lagging

Policy coherence & longterm sustainable development planning has been lacking.

National Development Plan is important step towards policy coherence & longterm integrated sustainable development. Reliance on, high use, and inefficient production of oil-based energy a major problem. Identified as a priority policy focus. Environmental data collection mechanisms a challenge.

Lagging

Achieved elimination of ozone depleting substances; inadequate progress in protected areas; slippage in reduction of CO2 emissions. 92% have access to safe drinking water, while 98.9% have access to basic sanitation.

Access to water has improved but challenge is sanitation issues e.g., management of solid waste and poor hygiene. Urban population has grown from 35% in 1991 to current 52%. Poor infrastructure a major problem. 1 000 units recently completed in public inner-city housing programme with social interventions. Social Investment Fund has new inner- city infrastructure projects.

7c. Halve by 2015 the proportion of people without sustainable access to safe drinking water and basic sanitation 7d. By 2020 have achieved a significant improvement in the lives of at least 100 million slum dwellers

On track

Slipping back

UN data suggests slippage. Insufficient data collected nationally.

141

Appendix 2 Insert Child Development Agency Organization Chart on this page

Ministry of Health Child Development Agency Organisation Chart

1. Administrator 1. Executive Secretary Internal Auditor Advisory Board

Minister of Health

Chief Executive Officer

Adoption Committee

Public Relations & Communications Manager Public Relations Officer

Legal Officer

Policy Planning & Evaluation Director

Human Reources Management & Administration Director

FinancialManagement and Accounting Services Director

Children & Family Programmes Director

1 - Administrator 1 - Secretary

1 - Administrator 2 - Secretary

1-Administrator 1-Secretary

1-Administrator

1-Secretary

Project Manager

Corporate Planner

Research & Development Manager

Human Resources Manager

Support Services Manager

Systems Administrator

Budget Officer

Accountant

Placement Coordinator

Adoption Coordinator

Senior Cinical Psycologist

1. Statistician 2 - Data Entry Clerk

Computer Technician Personnel Officer Training Officer Accounts Clerk

Senior Accounting Clerk

Social Work Aide

Social Worker

3-Clinical Psycologist

Registrar 2-Records Clerk 2-Registry Clerk

Support Services Officer Cashier

Accounts Clerk

Pay Clerk

Accounts Clerk

Regional Director North East

Regional Director South East

Regional Director Southern

Regional Director Western

Telephone Operator

Drivers

Attendants

Appendix 3

Child Development Agency

Challenges Faced by the Child Protection System and Strategies to Resolve
No CHALLENGES
1. The Agency continues to operate in dual mode, as only 50% of the entire modernization project has been implemented up to this point. Lack of requisite human resource capacity due to delays in recruitment and selection of Agency staff is primarily responsible for this.

STRATEGIES
A. The Human Resource Management & Administration division of

the Agency has begun work with the Office of the Prime Minister and the Services Commission in facilitating process of staff reclassification exercise. B. The Agency has also commenced activities necessary to facilitate the acquisition and installation of a child case management system. This is being done in collaboration with an international development partner. C. Plans for the recruitment of personnel necessary to meet field service demands such as Childrens Officers, Clinical Psychologist, and Social Workers to be placed in GOJ Operated Childrens Homes and additional Investigators to effectively process cases referred by the Office of the Childrens Registry were unfulfilled due to employment freeze in the public sector. 2. Inherited traditional reliance on separation A. The Agency continued to push its initiative of having children in of children and residential placement as a first care placed in a family-oriented environment. resort in programming has meant that the rate B. As a result of this initiative, approximately 56 percent of children in and volume of client intake has outstripped care are residing in a family-based placement such as Foster Care, physical capacity in the residential sector, Family Reintegration and Home on Supervision Order. leading to overcrowding and compromised care delivery. This problem is particularly acute in places of safety, which are meant to be a temporary refuge/first point of contact for children entering the tertiary childcare and protection system. 3. Demand for community based family support A. The Agency successfully introduced the Children and Family services and social welfare provision. This Support Unit as a pilot in the South East region utilizing existing includes counseling, parental guidance and human resources. economic assistance, so as to prevent family B. The programme seeks to engage and utilize the services of NGOs breakdown and support family reunification. and other partners operating in the child and social protection sectors to treat both child and family and to build a supportive network aimed at ensuring that the needs of the family are being met. Plans are now being made to expand the operations of this unit to the Southern region. C. Discussions are ongoing with UNICEF to start a new programme aimed at promoting a social welfare programme within communities to

mobilize families and community members to safeguard their children. 4 Pervasive and endemic community violence A. The public education campaign planned by the CDA did not with children as victims and perpetrators. materialize as planned due to the cost constraints facing the Agency. The Plan of Action on Children and Violence As a result such programmes were postponed in an effort to re-direct is still with Cabinet for approval. resources to meet critical needs. B. The Ananda Alert aimed at tracking and responding to missing children was put in place by the Local Government Dept as part of a deliverable of the task force on child abuse prevention of which the CDA is a member. C. The task force also hosted two Information Fairs and MiniExhibitions, one of which was sponsored by the Caribbean Cement Company. Both events sought to address issues of child abuse and child safety and health. A. The number of children being brought to the Agency as a result of 5 Inability of parents to take care of / accept children due to socio-economic factors behavior management uncontrollable issue continues to increase. affecting the families B. To meet the needs, the Agency continued to engage NGOs and other partners such as the Child Guidance Clinics to provide counseling support and other initiatives for both the child and family. 6. Severe human resource constraints quality A. To address this shortfall, the Agency has initiated the restructuring and quantity of capacity in Residential Child and staff rationalization of the sector to ensure that the necessary Care Facilities. skilled personnel are in place to satisfy best-interest needs of clients being served. B. To this end, the Agency started discussions with Ministry of Finance & Public Services personnel in an effort to move from the old (CSD) to the new structure (CDA). C. The Office of the Prime Minister has been brought on board on this project. 7. Unavailability of treatment facilities to assist A. The CDA has created a project aimed at establishing a CDA in the delivery of evaluation, intervention and Treatment Centre. psychosocial treatment of children. These facilities would offer an array of coordinated B. The CDA is now exploring funding sources for support. multi-level services such as: a. Acute trauma treatment, b. Specialized evaluations, c. Individual therapy, d. Cognitive and behavior modification, e. Psycho-therapy, f. Counseling / Referral, & Physical therapy 8. Lack of physical capacity to house children in A. Continue to engage the Department of Correctional Services. conflict with the law impedes removal of children from lock-ups in a timely manner and B. Continue to make visits to police stations & lockups to determine if results in overcrowding at our Places of children are being held and the conditions under which they are being Safety. The Montpelier Centre in St. James is held. still unoccupied despite it being reported

144

complete. 9. Budgetary allocation from the Ministry of Finance and the Public Service was below projections, thus restricting the Agencys activity to basic core deliverables resulting in a number of planned objectives being cancelled and/or re-scheduled.

A. Continue to highlight challenges to the Ministry of Finance &

Public Services and with the parent Ministry. B. Instituted cost saving measures, some of which were put in place from 2008/09. C. Re-visit strategic and annual work plans and restrict activities to core functions. D. Engage NGOs, local and international development partners in providing and/or identifying funding support for a number of initiatives not now funded by the Consolidated Fund. For example, automating the functions and services of the Agency through the acquisition of a child case management system or the establishment of a CDA Treatment Centre to meet the psychological needs of clients. E. Continued the process of the strategic plan creation and finalization as well as the preparation of Jamaicas 3rd and 4th periodic reports to the UNCRC using internal resources rather than engaging external consultants. Both initiatives have saved the agency in excess of J$11 Million.

145

ANNEX

146

Theme 1 - General Measures of Implementation

Table 1-A1: Macro-economic Indicators for Jamaica (2006- 2008)
2006 Inflation Rate Debt/GDP Ratio % Budget to Debt servicing Economic Growth 5.7 117.5 59.0 2.7 2007 16.8 111.4 53.5 1.4 2008 16.8 109 53.9 -0.6

Sources: ESSJ 2007 and 2008: Taken from: Jamaican Children: Twenty Years after the Convention on the Rights of the Child, UNICEF 200

Table 1-A2: Selected Socio-economic Indicators for Jamaica (1991, 2008) Indicator 1991
Population Debt Servicing Surplus Deficit Population Growth Rate Crude Birth Rate Crude Death Rate Total Fertility Rate Literacy Rate Labour Force Participation Rate Total Unemployment Rate Male 2,465,800 J$8301.0m 2.2 (as % of GDP) 0.9 24.7 5.5 2.9 73.1(1981) 48.3 (October 1991) 15.4 9.4

2008
2.692,400 J$263.9b - J$57.2b 0.4 16.7 6.3 2.5 86.0 65.5 10.6 6.1

147

Female Immunization Rates DPT OPV BCG MMR Maternal Mortality Rate /100,000 % of Population Living in Urban Areas Access to Safe Water Access to Sanitary Facilities

22.2 84.7 85.7 94.4 N/A 115 (MOH) 50.2 78.3 % (SLC) 99.1 (SLC)

14.3 87 86.9 92 87.5 94.8 (2005) 52 77.3 (2007) 100 (2007

Sources: PIOJ, Economic and Social Survey of Jamaica (ESSJ), 1991, 2008

148

Theme 2 - Definition of the Child

Table 2-A1 Population of Jamaica by Age and Sex, End of Year, 2005-2008
2005 Age Group Total Total Pop. 0-4 5-9 10-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 Males 1 308 800 121 100 137 000 142 100 127 200 102 600 101 100 100 500 99 400 87 900 61 900 56 000 42 300 32 800 30 400 26 800 Females 1 347 900 116 400 132 700 135 200 123 300 108 700 111 200 111 400 110 800 90 000 63 400 52 000 39 100 34 400 32 600 29 600 Males 1 315 200 117 200 134 600 142 700 127 400 102 000 101 500 102 000 102 100 90 600 63 300 57 500 43 100 33 000 30 700 27 200 40 300 2006 Females 1 354 300 112 500 130 300 134 900 122 800 108 200 112 000 113 300 114 000 92 600 64 700 53 000 39 600 34 600 33 000 30 100 58 700 2 669 500 Males 1 321 600 115 300 129 300 143 400 127 600 101 500 102 000 103 600 104 900 93 300 64 800 59 000 44 000 33 300 31 000 27 700 40 900 2007 Females 1 360 500 111 100 125 100 134 700 122 300 107 800 112 800 115 200 117 100 95 100 66 000 54 000 40 100 34 900 33 400 30 600 60 300 Males 1 326 900 114 100 126 100 143 600 127 400 100 600 102 200 104 800 107 300 95 700 66 000 60 300 44 700 33 400 31 300 28 000 41 400 2008 Females 1 365 500 110 400 121 900 133 900 121 400 106 900 113 200 116 700 119 800 97 300 67 100 54 900 40 500 35 000 33 700 31 100 61 700

2 656 700

2 682 100

2 692 400

Over 75 39 700 57 100 Economic & Social Survey Jamaica, PIOJ 2008

Table 2.A2: Age Profile of Population and Total Age Dependency Ratios By Region Percentages, 1997 - 2007
Years 0-14 1997 1998 30.1 29.7 KMA 15-64 63.3 63.7 65+ 6.6 6.5 ADRa 58.0 56.8 0-14 32.5 34.3 Age Groups (years) Other Towns 15-64 59.9 58.6 65+ 7.6 7.3 ADR 67.0 71.0 0-14 37.6 35.1 Rural Areas 15-64 53.7 55.5 65+ 8.7 9.7 ADR 86.2 80.7

149

1999 2000 2001 2002 2003 2004 2005 2006 2007

29.5 29.8 30.2 29.5 29.1 31.3 29.6 29.8 27.3

63.3 63.2 63.1 62.6 62.7 60.3 60.1 60.8 63.5

7.2 7.2 6.7 7.9 8.2 8.4 10.4 9.4 9.3

58.9 58.5 58.5 59.9 59.5 65.8 66.6 64.5 57.6

32.5 33.4 32.0 33.6 34.7 30.6 29.7 29.5 30.2

59.6 56.5 57.3 58.0 56.9 59.8 59.3 58.7 61.3

8.1 10.2 10.8 8.4 8.4 9.7 11.0 11.8 8.5

68.1 77.2 74.7 72.4 75.7 67.4 68.6 70.4 63.1

36.4 35.4 35.0 34.2 33.9 35.0 35.0 32.6 33.6

54.1 55.0 54.6 55.7 56.4 56.0 55.8 57.7 57.1

9.6 9.7 10.5 10.1 9.7 9.0 9.2 9.7 9.4

85.0 82.0 83.3 79.5 77.3 78.6 79.2 73.3 75.3

Source: JSLC 2006 and 2007

150

Theme 4 - Civil Rights and Freedoms

Table 4-A1: Violence Related Injuries Treated in Accident and Emergency Rooms
Sexual Assault
2008 Under 5 Years: Boys Girls 2007

Stab Wounds
2008 2007

Gunshot Wounds
2008 2007

Blunt Injuries
2008 2007

Total by Age and Gender

10 48

09 38

4 1

5 4

6 4

2 0

242 220

245 178

523 493 1016

5-9 Years old: Boys Girls

8 111

17 112

21 10

20 8

5 5

20 8

528 343

447 255

1056 852 1908

10-19 Years old: Boys Girls Jamaica (Total)

25 911 1 464

22 797 1295

584 115 2 636

502 189 2409

129 24 1309

149 36 1253

1767 1273 12 775

1543 1144 10532

3721 4492 8213

Taken from: Jamaican Children: Twenty Years after the Convention on the Rights of the Child

Table 4-A2: Place of occurrence of injuries in children 19 years and under

151

Place of Occurrence Street/Public Area Home Institution/School Industrial/Commercial Farm/Countryside Other Total

2003 1,558 (41%) 1,545 (40%) 444 (12%) 86 (2%) 25 (1%) 181 (5%) 3,839 (101%)

2004 1,632 (41%) 1,556 (39%) 437 (11%) 87 (2%) 21 (1%) 271 (7%) 4,014 (101%)

2005 1,538 (41%) 1,383 (37%) 459 (12%) 154 (4%) 19 (1%) 185 (5%) 3,738 (100%)

2006 1,383 (41%) 1,216(36%) 506 (15%) 96 (3%) 16 (1%) 146 (4%) 3,363 (100%)

Source: Epidemiological Research & Data Analysis Unit from JISS data, Ministry of Health: N.B.* 2006 data do not include the St. Anns Bay Hospital. Percentages are rounded

152

Table 4-A3: Recorded violent incidents in schools in Safe School Programme Type of incident No. incidents in which SROs intervened No. sexual assault No. guns seized No. other offensive weapons seized No. drugs confiscated No. school invasions No. Arrests Sep 2004-Jun 2005 Sep 2005-Jun 2006 976 13 5 643 42 pkts ganja 73 59 1,020 13 5 128 148 pkts ganja 20 44 73% 25%
Source: Safe Schools Programme, Jamaica Constabulary Source: Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals Percentages round

Decrease

Increase 5%

78% 252%

Table 4-A4: Percentage of 10-15 year olds and 15-19 year olds who used alcohol, smoked tobacco or marijuana or became drunk in the past year by gender Age group 10-15 yr olds Alcohol 32% M: 37% F: 28% 49% M: 56% F: 42% Drunkenness 4% M: 6% F: 2% 8% M: 10% F: 6% Cigarettes 9% M: 12% F: 9% 5% M: 7% F: 3% Marijuana 3% M: 4% F: 2% 10% M: 16% F: 5%

15-19 yr olds

Source: Fox et al at 2007 (10-15 yr olds) and Wilks et al. 2007 (15-19 yr olds). Percentages rounded. Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals

Table 4-A5: Drug /Substance use of 15-19 year olds by age 153

Age Risk Behaviour Alcohol Use Drunkenness Marijuana *** Cigarette Smoking *** % at 15 yrs % of 16 yrs % of 17 yrs % at 18 yrs % at 19 yrs 41 47 53 58 54 5 9 8 10 11 5 7 14 16 18 3 3 6 7 11

Source: Wilks et al 2007. Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals Percentages rounded ***p<0.001

Table 4-A6 Factors contributing to ganja use among 15-19 year olds old by gender Reason for starting to smoke ganja Peer Influence Experimentation Reputed Health Benefits Stressors % youths 15-19 yrs 32 58 13 3 % of Males 36 52 14 3 % of Females 25 67 11 3

Source: Wilks et al 2007 Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals. Percentages rounded

Table 4-A7 No. of visits to child and adolescent mental health clinics 2002-2006 2002 Total No. of visits Table 4-A8 154 4,176 2003 4,006 2004 4,077 2005 4,517 2006 4,915

Source: Ministry of Health: Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals

Fertility rates among women and reproductive status among females 15-19 yrs old Indicator Fertility rate (national) Fertility rate in 15-19 yr old age group % of girls in 15-19 yr age group regularly engaging in sex % of girls in 15-19 yr age group who have been pregnant % of girls in 15-19 yr age group who have had a live birth % of girls in 15-19 yr age group who have had an abortion 1997 Baseline 2.8 per 100,000 112 per 1,000 2002 2.5 per 100,000 79 per 1,000 69% Comparison 2002 1.6 per 100,000 (Trinidad)

19%

16%

1%

Sources: National Family Planning Board, PAHO (Trinidad): Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals

155

Theme 5- Family Environment and Alternative Care

Table 5-A1: Mean Household Size By Sex of Household Head and Region
Male Year 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Source: JSLC2007

Female Rural 3.7 3.5 3.5 3.7 3.5 3.3 3.3 3.2 3.1 3.1 3.1 Total 3.4 3.3 3.2 3.3 3.2 3.2 3.2 3.1 3.0 3.0 3.0 KMA 3.6 3.5 3.5 3.5 3.4 3.4 3.4 3.4 3.3 3.3 3.5 Other Towns 3.8 4.0 4.0 4.0 3.6 3.8 3.9 3.5 3.2 3.2 3.7 Rural 4.1 4.2 4.0 4.0 3.8 4.1 4.1 4.1 4.1 4.1 3.9 Total 3.8 3.9 3.8 3.8 3.6 3.8 3.8 3.4 3.6 3.6 3.7

KMA 3.8 3.1 2.8 2.9 2.9 3.2 2.9 2.9 2.7 2.7 2.8

Other Towns 3.4 3.3 3.0 3.0 2.9 3.2 3.2 3.0 3.1 3.1 3.0

Table 5-A2: Household Composition by Sex of Household Head, And Quintile, 2007
Male Household Mean Members Total Analysed Size (N) Mean Mean Mean Household Mean No. No. No. Members Total Adult Adult Children Analysed Size Males Females (N) Female Mean Mean Mean No. No. No. Adult Adult Children Males Females

156

Quintile Poorest 2 3 4 5 569 673 561 634 760 4.2 4.2 3.3 2.8 2.0 3.0 1.6 1.6 1.4 1.3 1.1 1.3 1.1 1.2 1.0 0.8 0.5 0.8 1.5 1.4 1.0 0.7 0.3 0.8 749 649 757 683 578 3416 4.9 4.5 3.9 3.5 2.5 3.7 1.0 1.0 0.9 0.8 0.5 0.8 1.8 1.9 1.7 1.6 1.4 1.6 2.1 1.6 1.3 1.1 0.6 1.3

Jamaica 3197 Source: JSLC2007

157

Table 5-A 3
Performance Status of Report into Conditions in Childrens Homes and Places of Safety 2003 (KEATING REPORT) as at March 31, 2008. The Keating Report raised a total of 46 recommendations for implementation by the GOJ through its Ministries/Agencies with responsibility for children. In three years the CDA has managed to take specific action to implement all recommendations with varying degrees of completion and successful outcomes.

Recommendations
Extend the sentencing options to reflect the serious types of offences being committed by juveniles Impose an adult sentence on the juvenile who commits a serious offence and is of an unruly or depraved character Amend the rules of evidence to admit the unsworn evidence of a victim, in sexual cases, notwithstanding being of tender age, without the need for corroboration. Safeguards, in the form of psychological test can be applied.

CDA Achievement Action

This matter is being addressed under the review of the Offences Against the Persons Act This matter is being addressed under the review of the Offences Against the Persons Act This is currently being looked on under the Child Protection Assessment

The Agency has strived towards achieving this through its current placement There should be a physical separation of Juveniles in need of care and practices. However the limited space in the residential child care sector and protection, those deemed to be uncontrollable and those who have individuals willing to participate in the LIFE programme makes it difficult to continued criminal offences achieve this. This is further compounded by the limited Remand space who are in conflict with the law. The number of wards in the institutions (Places of Safety and Childrens Homes) should be drastically reduced to a manageable proportions to achieve a ratio of 10:1 caregiver. This ratio will facilitate the provision of a higher standard of care for each ward. The Adoption of Children Act should be reconstructed to facilitate more adoptions of juveniles in care particularly when they are small and can be molded There should be cost effective interventions to families by providing financial assistance in the home A review of the Act is underway and is being led by the CDA Legal Officer supported by a multi-sectoral team This is being achieved through interventions by the MLSS through the PATH programme. The CCPA makes provision for families to request financial support for children. Such request should be made directly to the Minister or Health or designate. The necessary instrument to support such requests is in place Explore the option of developing a Policy for Social Intervention Programmes
Source: Child Development Agency

Table 5-A4: Composition of Households with Females as Head by Region and Quintile, 2007
Household Composition

Classification Area KMA Other Towns Rural Quintile Poorest 2 3 4 5 Jamaica

Source: JSLC-2007

Households No Man, Analysed No Child (N)

No Man with Children

With With Man, Man, With No Child Children

Total

317 206 401

32.6 36.5 28.3

44.2 40.0 48.6

9.2 6.2 6.0

14.0 17.2 17.2

100.0 100.0 100.0

154 145 192 197 236 924

20.1 23.5 25.0 27.4 55.1 31.7

55.8 51.0 47.9 47.7 29.2 45.1

3.3 6.9 10.4 6.6 6.4 7.3

20.8 18.6 16.7 18.3 9.3 16.0

100.0 100.0 100.0 100.0 100.0 100.0

Table 5-A5: Poverty Rate among children

1999 Jamaica KMA Other Towns Rural 20.7% 13.4% 16.5% 26%

2000 23.1% 12.3% 23.8% 29%

2001 21.5% 9.8% 18.6% 29.1%

2002 23.4% 12.7% 22.8% 28.8%

2003 22.1% 10.9% 18.9% 27.3%

2004 20.6% 18.5% 9.3% 25.7%

2005 17.5% 17.7% 8.2% 24.3%

Source: Planning Institute of Jamaica: Jamaica Survey of Living Conditions 2005 data sets Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals

160

Table 5-A6:
Children Who Lost PATH Benefits Or Missed Payments Because PATH Conditions Were Not Met, By Quintile, Sex and Age, 2007

Lost Benefit, PATH conditions Not Met

Not Sure Child Did Not Child Did Not Which Attend School Visit Health Condition Was Regularly Centre Not Met Quintile Poorest (n=195) 2(n=123) 3(n=48) 4(n=26) 5(n=4) Sex Male(n=205) Female(n=191) Age 0-5(n=113) 6-17(n=283) All Child Beneficiaries(n=396) 0.0 13.4 9.5 3.3 0.0 0.9 0.7 2.8 2.2 0.0 4.2 3.0 96.2 79.6 84.4 100.0 100.0 100.0 8.1 11.0 1.7 0.0 3.1 1.1 4.0 1.9 83.0 85.9 100.0 100.0 11.1 12.9 0.0 4.6 0.0 1.4 0.9 0.0 0.0 0.0 4.2 0.0 0.0 3.0 0.0 Never Lost Benefit

Other

Total

4.3 2.4 0.0 3.7 0.0

79.0 83.6 100.0 88.7 100.0

100.0 100.0 100.0 100.0 100.0

Source JSLC 2007. Discrepancies are due to rounding

Table 5-A7:

Reasons Why PATH Conditions For Children's School Attendance Were Not Met, By Region, Quintile, and Sex, 2007 Reasons
Shoes/ Needed Transp. Illness Truancy Uniform at Home problems missing/etc Category Region KMA (n=6) 77.9 0 0 2.0 0 0 0.3 0 0 0.6 0 0 1.8 0 9.3 3.3 22.1 55.6 62.1 0 0 0.7 0 0 4.4 0 10.3 10.6 100.0 100.0 100.0 Rain Child Money Ran Change Problem Errand School Other Cost

Total

Other Town 24.8 (n=11) Rural 14.4 (n=167) Quintile Poorest 11.8 (n=85) 2(n=49) 3(n=44) 4(n=6) 5 (n=0) Sex Male (n=98) Female (n=86) Jamaica (n=184) 32.7 11.4 16.7 0.0

3.5 0 0 0 0

1.2 0 0 0 0

0 2.0 0 0 0

2.4 2.0 0 0 0

1.2 2.0 6.8 16.7 0

67.1 42.9 72.7 50.0 0

0 0 2.3 0 0

1.2 8.2 4.6 0 0

11.8 10.2 2.3 16.7 0

100.0 100.0 100.0 100.0 100.0

19.6 17.2

3.3 0

0.5 0

0 1.1

1.9 1.1

4.0 3.1

52.6 67.5

0 1.2

3.3 4.3

14.9 4.5

100.0 100.0

18.5

1.7

0.3

0.5

1.5

3.6

59.5

0.6

3.8

10.0

100.0

Source: JSLC 2007 Discrepancies are due to rounding

Theme 6 - Basic Health and Welfare

Table 6-A1: Key Health Indicators
Indicator
Infant Mortality Rate National Immunization Levels Access to Antenatal Care Trained Attendants During Childbirth Maternal Mortality Rates Low Birth Rate Weight (less than 2.5 kg) a. Some of these gaps/ conce rns were identi fied in the End Deca de Asses sment of the Worl d Sum mit for Child ren Year 2000 Goals . b. Minis ter of Healt h Hon. Rudy

1990
27.30

Current Status
25.7/1000 (2007)b (MOH)

Gaps/Concerns
Need for standardization of data currently being used; data is mainly from public health sector and hospitals. Incomplete registration of births and deaths. Status of implementation of Vital Statistics Commission audit recommendations.

1990: 83.5% 65.6%

The target for national coverage has been 95%. Limited public health staff resources, including issue of 2007: 83.8% (MOH) redeployment of Community Health Aides to monitor clients visits to clinics. Need for Community Health Aides with comprehensive skills to promote survival and development of children. 72.3% (ESSJ) Promote easier access to antenatal care. More efforts to raise awareness about high risk pregnancies. Despite the high number of births delivered by skilled personnel, Jamaica still has a relatively high maternal mortality rate, pointing to the need to improve the quality of emergency obstetric care. Reach and acceptance of services and information to all women island-wide. Public education needed to stress importance of first antenatal visit before 2nd trimester. Current national average of four antenatal visits is less than recommended for monitoring normal pregnancies.

83.1%

2008: 96.1% (MOH)

115/100,000 (MOH)

2005: 94.8/100,000 (MOH)

1990: 11.2% Stunting: 3.4% Wasting: 3.6% Underweight prevalence (composite): 8.4% (JSLC) 9 (1996) 1992: 97.1%

2007: 5.30% (MOH) Improving and maintaining gains achieved. Stunting: 2.2 % Wasting: 4.3% Underweight prevalence (composite): 3.7% (JSLC) 10 (2009) (MOH) 2007: 89% (MICS 2005)

Malnutrition

Children in poor families and those at weaning stages are vulnerable to malnutrition. In the health sector, regular growth monitoring should be in accordance with the international (WHO/UNICEF) standards and requirements.

Baby Friendly Hospitals Birth Registration

The Ministry of Health needs to increase the number of Baby Friendly Hospitals. Need to consider mandatory registration with fathers name under the Registration Act.

ard Spencer. Speech made at the Launch of the Study on Child Poverty and Disparities in Jamaica. October 21, 2009. Taken from: Jamaican Children: Twenty Years after the Convention on the Rights of the Child. JSLC 2006 and 2007

Table 6-A2: 163

Immunization Coverage Of Children 6-59 Months (Per cent age), 1997-2007

Those Receiving 3 or more Doses of OPV 86.4 91.9 92.9 93.9 95.3 96.2 94.2 90.4 92 Those Receiving 3 or more Doses of DPT 87.4 91.8 94.2 93.8 95.1 96.9 95.1 90 94.1 Those Receiving BCG 95.1 97.4 95.7 97.5 97.3 99.3 99.4 98.7 99.1 Those Vaccinated Against Measles 90.1 91.9 93.5 91.3 91.7 88.3 89.5 94 92 Those Vaccinated Against Hepatitis B n/a n/a n/a n/a n/a n/a n/a 48.6 58.6 Those Vaccinated Against Haermo Influenza B n/a n/a n/a n/a n/a n/a n/a 59.7 65

Year

Births Registered 95.3 97.1 96.1 97.1 94.5 95.9 96.4 91.3 95.6

1997 1998 1999 2000 2001 2002 2004 2006 2007

Source: JSLC 2006 and 2007

Table 6-A3: Reported cases from public health facilities of gastro-enteritis in children under five years Institution visited Age of individual 2001 2002 2003 2004 by patient affected Under 5 years 10,008 11,215 15,057 12,117 Hospital 5 years & over 7,370 12,518 11,689 14,458 Under 5 years Health Centre 5 years & over 3,970 4,106 4,602 5,104 3,443 3,021
Source: Ministry of Health Monthly Clinic Reports (MCSR) and Hospital Monthly Statistical Reports (HMSR) 2001-2005 Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals

2005 8,790 9,918 3,389

2006 25,336 17,474 7,134

5,279

5,388

6,278

7,488

164

Table 6- A4: Maternal deaths and maternal mortality rate 1983-2003 1981-83
Maternal mortality rate (per 100,000 live births) Maternal deaths Source: McCaw-Binns et al. 2007: Taken from: National Progress Report 2004-2006 on Jamaicas Social Policy Goals N.B. Year on year data tend to be unstable, hence a triennium period is used.

1993-95 96.3 137

1998-2000 81.4 111

2001-03 94.8 121

118.6 149

Table 6-A5: Prevalence of Over-Nutrition Among Children (0-59 Months) By Region, Quintile, Sex and Age, 2002-2007

Classification Region KMA Other Town Rural Areas Quintile Poorest 2 3 4 5 Sex Male Female Age(months) 0-11 12-23 24-35 36-47 48-59 13.4 8.9 4.7 4.9 4.6 5.3 8.8 5.4 6.7 5.7 10.1 10.1 2002 8 7.3 6.6

Overweight for Height (Percent) 2004 6.1 4.7 5.8 3 6.1 3.5 11.5 8.3 5.3 6 6.7 7.5 3.7 5.8 4.8 2006 6 3.7 5 6.2 1.7 6.3 8.6 2.6 6.8 3.2 2.8 3.7 6 5.7 2.5 2007 9.6 7.3 5.8 5.4 6.7 5.7 10.1 10.1 6.4 8 3.7 5.8 5.1 14.3 11.1 7.1

5.7 and 2005 surveys 5 Jamaica No health module was 7.1 fielded in the 2003
Source JSLC 2002, 2004, 2006, 2007

166

Theme 7 - Education, Leisure and Cultural Activities

Table 7-A1: Key Education Indicators
Indicator Pre-school Enrolment Rates (3 5 year olds) Net Enrolment Rates (primary) Primary School Attendance 1990 1990: 77.0% 1990: 95.6% (MOE) 1990:77 % (MOE) Current Status 2007: 91.7% 2008: 94.5% (SLC, 2008) 2006/7:84.8% 2005/06: 88.8% (87.2% boys, 93.0% girls) Gaps/Concerns Need for adequately trained human resources in early childhood institutions. More emphasis on parent support needed. Rates have dropped and this may be due to the decreased access by marginalized groups. Rates are lower for boys than girls. Violence in some geographical areas affects attendance. Rates need to be improved. Boys are more vulnerable than girls. By grades 10-11 the rate dropped to 66.3% in 2008. Males remain marginalized in the school system. 2006/7:82% (79.3% males, 84.6% females) Quality of achievement in high school education remains low.

1989/90: 90.0 % (87.9% boys, Survival to Grade 5 92.2% girls) (MOE) Secondary School Enrolment Secondary School Attendance CXC Passes

2008: 77% 1990:71.1 % (63% (78.9% males, male, 71% females) 75.1% females) No data available 1990: English 2008:English Language:28.8% Language:55% Mathematics:25.7% Mathematics:43%

Sources: ESSJ 1990 and 2008.Taken from: Jamaican Children: Twenty Years after the Convention on the Rights of the Child

Table 7-A2: Per capita expenditure at all levels of the educational system (J$ current costs) 2005/6 2001/2 2002/3 2003/4 2004/5 2005/6 as % of actual actual actual revised revised 2000/1 7,503 8,279 9,701 11,105 11,392 214% 167

Educational Level Per capita expenditure on

2000/1 actual 5,316

Early Childhood Education Per capita expenditure at Primary level Per capita expenditure at Secondary level Per capita expenditure on Special Education Per capita expenditure at Tertiary level

18,668 27,342 96,552

20,765 22,094 30,796 28,860 34,024 182% 32,370 34,229 45,614 40,941 45,005 165% 93,689 84,718 98,306 87,431 78,252 81%

119,861 134,863 130,641 134,613 200,296 200,265 167%

Source: Ministry of Education and Youth: Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals

168

Table 7- A3 Enrolment By Age Group and Education Level, 1997-2002, 2004, 2006-2007 (PER CENT)
Age, Education Level 3-5 years Early Childhood Primary None 6-11 Years Early Childhood Primary Secondary None 12-14 Years Primary Secondary None 15-16 Years Primary Secondary Tertiary None 17-18 Years Secondary Tertiary None 19-24 Years Secondary Tertiary None 4.3 91.5 3.1 1.1 21.7 75 3.3 0 84.3 0.3 15.4 32 7.5 60.5 1.6 4.9 93.5 3.2 93.2 2.7 0.9 22.6 74.8 2.6 0.3 81.6 0.6 17.6 32.3 5.2 62.5 2.2 3.9 93.9 3 92.6 3.9 0.5 17.9 79.6 2.5 0 83.3 0 16.7 42.4 5.6 52 1.4 5.1 93.5 0.3 97.2 2.4 0.1 20.5 78.2 1.3 0 87.2 0.8 12.1 43.4 5 51.6 2.6 4.9 92.5 6.7 91.1 2.1 0.1 20.6 77.2 2.2 0 84.6 0.9 14.4 43.3 5 51.7 1.8 5 93.2 6.3 90.9 2.3 0.5 20.6 77.6 1.8 0.2 84.3 0.3 15.3 30.2 5.7 64.1 1.3 5.6 93.1 6.1 93.1 0.5 0.2 23.3 75.4 1.3 0 88.3 0.4 11.3 43.5 4.3 52.2 3.4 4.6 92 5.7 89.2 4.6 0.5 22.1 76.9 1 0 88.3 0 11.7 40.4 5.5 54.1 1 4.5 94.5 7.8 90.9 1.1 0.2 22.2 77.6 0.2 0 93 0 7 45.7 7.6 46.7 0.5 7.2 92.4 1997 81.3 2.9 15.8 1997 84.2 1.9 13.9 1999 91.4 3 5.6 2000 93.5 1.6 5.1 2001 88.7 2.3 9 2002 91.9 4.5 3.6 2004 97.7 1.4 0.9 2006 89.2 7.6 3.2 2007 91.7 7.7 0.6

Note: Errors due to rounding: Source: JSLC 1997-2002, 2004, 2006, 2007

169

Table7-A4 Enrolment of School Age Population By Quintile, 1997-2002, 2004, 2006, 2007 (Per cent)
(PERCENT) Age Quintile 3-5 Years Poorest 2 3 4 5 6-11 Years Poorest 2 3 4 5 12-14 Years Poorest 2 3 4 5 15-16 Years Poorest 2 3 4 5 17-18 Years Poorest 2 3 4 1997
76.3 81.4 85.9 94.0 94.6 98.2 98.4 99.5 99.4 100.0 93.9 96.5 96.2 98.9 100.0 71.4 83.3 88.5 87.5 92.3 22.9 34.6 28.6 49.1

1998
79.5 86.3 89.3 89.6 91.0 98.5 99.3 99.2 99.4 99.6 93.8 97.5 98.7 97.9 100.0 65.2 79.7 84.9 91.8 94.3 17.8 30.2 33.2 47.2

1999
93.2 96.2 96.0 92.3 94.2 98.6 99.5 100.0 100.0 100.0 93.3 97.2 100.0 99.0 100.0 67.3 79.7 87.9 90.9 94.4 21.2 34.6 50.9 52.3

2000
91.2 95.7 95.7 98.7 95.5 100.0 100.0 99.5 98.0 100.0 96.4 99.0 99.0 100.0 100.0 74.5 88.3 90.9 88.7 97.8 28.6 32.6 60.5 57.8

2001
87.6 89.1 91.7 93.0 100.0 99.5 100.0 100.0 100.0 100.0 96.4 97.4 96.2 100.0 100.0 67.6 82.2 91.5 89.8 94.6 21.7 41.9 55.0 60.0

2002
95.5 94.5 98.2 97.7 96.9 99.0 99.5 99.5 99.8 99.6 95.3 97.2 98.8 100.0 100.0 68.3 82.0 86.3 91.9 93.9 18.9 24.5 39.0 38.8

2004
98.4 100.0 98.7 98.5 100.0 99.6 100.0 99.5 100.0 100.0 97.3 99.1 99.0 100.0 98.4 76.6 86.4 92.6 95.8 93.9 26.2 37.0 51.1 63.6

2006
93.9 97.0 98.5 96.5 100.0 98.7 100.0 99.4 100.0 100.0 96.8 100.0 98.8 100.0 100.0 74.6 83.6 95.4 94.1 95.7 28.3 34.6 49.2 63.9

2007
100.0 98.7 98.3 100.0 100.0 99.5 99.5 100.0 100.0 100.0 99.2 100.0 100.0 100.0 100.0 84.9 92.6 86.8 93.5 100.0 30.0 37.2 61.4 59.2

170

5 19-24 Years Poorest 2 3 4 5

66.7 2.5 1.5 0.7 5.8 19.2

62.7 1.9 2.7 5.2 6.5 13.0

86.7 0.0 1.7 2.5 10.5 15.8

69.4 2.8 1.0 3.6 7.4 19.0

71.9 2.2 1.9 2.9 11.3 15.0

62.1 2.3 2.4 3.2 6.3 17.6

66.7 4.1 3.2 7.5 7.3 20.0

68.0 0.9 3.5 4.2 7.9 11.3

74.5 0.0 2.1 6.3 8.3 19.9

Source: JSLC 997-2002, 2004, 2006, 2007

Table 7-A5: Enrolment By Age and Region, 1997-2002, 2004, 2006, 2007 (Per Cent)
Age, Region
3-5 Years (Jamaica) KMA Other Towns

1997
84.2 89.3 87.0

1998
86.1 91.5 88.8

1999
94.4 91.1 90.7

2000
94.9 96.6 92.4

2001
91.0 95.6 85.9

2002
96.4 95.6 94.4

2004
99.2 98.2 100.0

2006
95.9 97.6 98.4

2007
99.3 100.0 98.2

Rural Areas

81.4

83.6

96.8

94.9

90.6

97.6

99.2

95.9

99.3

6-11 Years (Jamaica)

98.9

99.1

99.5

99.9

99.9

99.5

99.8

99.5

99.8

KMA Other Towns Rural Areas

98.8 99.4 98.8

99.2 99.3 99.0

100.0 99.4 99.4

99.6 100.0 99.4

99.5 100.0 100.0

99.8 99.6 99.2

99.6 100.0 99.8

99.5 100.0 99.4

100.0 100.0 99.5

12-14 Years (Jamaica)

96.7

97.4

97.5

98.7

97.8

98.2

98.0

99.0

99.8

KMA

97.1

98.6

100.0

100.0

98.9

98.9

100.0

100.0

100.0

171

Other Towns Rural Areas

96.7 96.5

98.1 96.8

97.3 96.4

98.6 98.2

98.6 97.1

99.0 97.7

98.7 98.0

97.5 99.0

100.0 99.6

15-16 Years (Jamaica)

84.6

82.2

83.3

87.9

85.6

84.8

88.3

88.3

93.0

KMA Other Towns Rural Areas

89.4 90.0 79.2

93.9 78.4 79.6

84.1 93.6 79.6

93.1 85.1 86.3

93.0 82.9 82.9

88.1 85.2 83.2

95.4 97.5 83.1

91.1 91.7 85.8

97.0 90.1 91.2

17-18 Years (Jamaica)

39.5

37.5

48.0

48.4

48.3

35.9

47.9

45.9

53.3

KMA Other Towns Rural Areas

55.1 37.8 30.8

49.2 37.6 32.3

62.3 47.3 39.0

60.3 52.6 38.9

57.4 47.2 44.1

40.3 40.5 32.1

57.4 55.0 40.9

57.4 35.9 43.2

68.4 48.2 43.3

19-24 Years (Jamaica)

6.5

6.1

6.5

7.5

6.8

6.9

7.1

5.5

7.7

KMA Other Towns Rural Areas

Source: JSLC 2006 and 2007

11.9 5.1 3.7

10.5 6.9 3.7

12.4 4.9 3.6

14.9 2.2 3.8

14.0 4.8 3.0

12.3 5.4 4.0

7.8 10.8 7.1

8.8 5.5 3.3

14.5 5.8 3.6

Table 7-A6: Number of Public Educational Institutions with Shift System by School Type & Parish 2007/2008 PRIMARY SECONDARY TECHNICAL PRIMARY ALL AGE & TOTAL HIGH HIGH JUNIOR 2 2 3 3 6 12 2 2 172

PARISH Kingston St. Andrew St. Thomas

Portland St. Mary St. Ann Trelawny St. James Hanover Westmoreland St. Elizabeth Manchester Clarendon St. Catherine TOTAL

2 2

1 3 1 1 2 5 2 1 2 6 6 6 34

3 1 4 13 28

1 3 9

2 4 2 3 3 1 2 4 3 1 9 44

5 5 10 4 8 3 6 6 10 12 31 116

Table 7-A7: Possession of Required Textbooks By Quintile, Region and School Type, 2007(Per Cent)
Region KMA Other Towns Rural Areas
(N=436) (N=318) (N=834)

All Books
77.2 74.5 66.7

Some
20.8 23.2 26.4

None
2 2.3 6.9

Total
100 100 100

School Type Primary Secondary Jamaica

(N=888) (N=700) (N=1588) 70.1 73.1 71.4 24.6 23.4 24.1 5.4 3.5 4.5 100 100 100

Note: Adjusted for non-response: JSLC 2006 and 2007

173

Table 7-A8: Annual Family Education Expenditure, Primary and Secondary Schools, 2004, 2006 &2007 ($)
2004 Category Tuition Exam and other Fees Extra Lessons Books Transportation Lunch& Snacks Uniforms Other Total Nominal
7294.18 8315.10 10585.20 2759.50 11805.20 15463.00 2601.40 1241.90 60065.48

2006 Real (1990 Prices)

323.6 285.8 441.78 115.17 829.83 1302.9 235.68 94.69 3629.36

2007 Real (1990 Prices)

327.1 211 426.72 129.64 715.32 1249.97 251.65 80.47 3391.82

Nominal
9317.17 6009.54 12155.33 3692.88 13265.73 18688.76 3140.54 1321.61 67591.56

Nominal
10595.31 6572.62 14376.37 4222.85 14799.62 23912.13 3746.28 1269.00 79494.18

Real (1990 Prices)

347.95 215.87 472.1 138.67 746.5 1496.05 280.8 72.28 3770.21

Source: JSLC 2004, JSLC 2006 and JSLC 2007

Table 7-A9: Number of Repeaters by Grade, Sex and School Type: Grades 1-6: 2007/2008 Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Total School Type M F M F M F M F M F M F M F 718 359 233 119 183 120 604 219 293 242 1,272 1,451 3,303 2,510 Primary 281 144 91 43 58 31 241 82 98 55 758 665 1,527 1,020 All Age Primary & 105 52 45 16 34 15 151 53 94 83 291 251 720 470 Junior High 1,104 555 369 178 275 166 996 354 485 380 2,321 2,367 5,550 4,000 Total 1,659 547 441 1,350 865 4,688 9,550 Grand Total

Grand Total
5,813 2,547 1,190 9,550 9,550

Source: Ministry of Education, Jamaica.

174

Table 7-A10 Number of Repeaters by Grade, Sex and School Types: Grades 7-12: 2007/2008
School types All Age Primary & Junior High Secondary High Technical High Agricultural High Total Grand Total Grade 7 M F
25 49 75 20 16 26

Grade 8 M F
9 9 122 8 2 31 1

Grade 9 M F
62 68 228 9 3 17 16 62 19

Grade 10 M F
11 4 351 14 80 11 3

Grade 11 M F

Grade 12 M F

Total 7-12 M F
107 130 48 34 529 87

Grand Total
155 164 2,245 222 3

934 111

326 56

6 1

1,716 135 3

149

62

140

42 182

370

114 484

380

94 474

1,045

382 1,427

4 11

2,091

698 2,789

2,789 2,789

211 Source: Ministry of Education, Jamaica.

Table 7-A11: Summary of Teaching Staff by Level and Type of Educational Institution 2007/2008
INSTITUTIONS* EARLY CHILDHOOD TRAINED TEACHERS 334 189 31 27 581 7,159 1,316 1,333 9,808 195 33 29 257 UNTRAINED TEACHERS 21 21 6 1 49 718 114 101 933 66 1 87 154 NUMBER OF TEACHERS 355 210 37 28 630 7,877 1,430 1,434 10,741 261 34 116 411

Infant Schools Primary (Infant Departments) All Age (Infant Departments) Primary & Junior High (Infant Departments)
SUB-TOTAL PRIMARY

31 63 28 7 129 543 163 87 793 10 7 10 27

Primary (Grades 1-6) All Age (Grades 1-6) Primary & Junior High (Grades 1-6)
SUB-TOTAL SPECIAL SCHOOLS

Government/Government Aided Special Education Unit Independent Special Schools

SUB-TOTAL *Number of Institutions offering Education at the various levels

Table 7-A12: 175

Summary of Teaching Staff By Level and Type of Educational Institution 2007/2008

INSTITUTIONS*
SECONDARY SCHOOLS ALL AGE (GRADES 7-9) JUNIOR HIGH/PRIMARY & JUNIOR HIGH (GRADES 7-9) SECONDARY HIGH TECHNICAL HIGH AGRICULTURAL HIGH SUB-TOTAL TERTIARY COMMUNITY COLLEGES TEACHERS COLLEGES BETHLEHEM MONEAGUE COLLEGE EDNA MANLEY COLLEGE OF THE VISUAL & PERFORMING ARTS COLLEGE OF AGRICULTURE, SCIENCE & EDUCATION G.C. FOSTER COLLEGE OF PHYSICAL EDUCATION & SPORTS UNIVERSITY OF TECHNOLOGY UNIVERSITY OF THE WEST INDIES SUB-TOTAL GRAND TOTAL 5 5 1 1 1 1 1 1 1 17 1,380 0 21,263 0 3,381 539 1,650 26,705 429 339 64 72 107 74 26 163 87 148 14 2 414 585 1,179 8,206 880 24 10,874 72 173 1,926 220 8 2,399 657 1,352 10,132 1,100 32 13,273

TRAINED UNTRAINED NUMBER OF TEACHERS TEACHERS TEACHERS

Table 7-A13: 176

Involvement of Parents in the Education System: No. of active Parent Teacher Associations (PTAs) All Schools
Total No. of Schools (who report these figures to MOEY in Annual Census) Percentage with Active Parent Teacher Associations

2003/4 978 90(%)

2004/5 936 92(%)

2005/6 985 89(%)

Source: Education Statistics Dept., Ministry of Education and Youth Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals

Table 7-A14: No. and % of Primary schools with Guidance Counsellors (GC) and ratio of GCs to students at secondary level Targets Primary Level No. and % of Schools with Guidance Counsellors Ratio of Female to Male Guidance Counsellors Secondary Level Ratio of Guidance Counsellors to Students Ratio of female to male Guidance Counsellors
Source: Ministry of Education and Youth

2000/1

2001/2

2002/3

2003/4

2004/5

2005/6

2006/7

238 30% 10f: 1m

n/a n/a

316 40% 7f: 1m

340 43% 6f: 1m

325 41% 10f: 1m

287 36% 8f: 1m

345 44% 6f: 1m

Ratio of 1 GC to every 600 students

1: 1,083

n/a

1: 848

1: 786

1: 690

1: 803

n/a

3f: 1m

n/a

4f: 1m

3f: 1m

3f: 1m

3f: 1m

4f: 1m

177

Table 7-A15: School Feeding Participation by Region, Quintile and School Type, 2006 and 2007 (Per Cent)
2006 Category Region
KMA 6.8 9.2 9.8 44.4 41.9 46.5 10.3 18.8 15.0 38.5 30.1 28.8 6.1 5.9 8.3 39.4 40.6 51.5 13.4 13.6 18.2 41.1 39.9 22.0

2007 Both No NutriBun/Milk Cooked Meal Both No

Nutri Bun/Milk

Cooked Meal

Other Towns Rural Areas Quintile Poorest 2 3 4 5

SCHOOL TYPE

17.0 8.1 6.9 5.2 3.1

36.0 38.8 43.5 54.3 63.6

16.6 19.5 15.9 9.0 7.3

30.5 33.6 33.8 31.5 26.0

11.6 9.7 4.7 3.2 6.7

40.1 41.7 51.8 50.9 55.3

23.4 19.1 10.1 18.0 9.3

24.9 29.5 33.4 27.9 28.7

Primary All-Age/Prim& Jnr High (Grades 1-6) All-Age (Grades 7-9) Prim& Jnr High/Jnr High (Grades 7-9) Secondary High Technical High Jamaica
Source: JSLC 2006 and JSLC 2007

10.0 11.6 20.0 18.6 2.6 5.5 8.9

44.0 35.6 36.6 24.1 58.3 45.1 45.0

19.4 21.8 11.6 17.4 3.1 0.0 14.5

26.7 31.1 31.4 39.8 36.1 49.3 31.6

7.8 12.5 12.5 9.4 2.6 0.0 7.3

48.6 32.0 29.4 30.9 55.4 56.9 46.2

19.1 28.7 30.0 17.6 3.0 0.0 16.1

24.5 26.8 28.1 42.1 39.0 43.1 30.4

178

Table 7-A16: Educational Transformational Initiatives of the Ministry of Education

Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals

Initiative
National Education Trust National Parenting Support Commission to support the National Parenting Policy

Leadership Academy/Programme

The Description me 8This entity will facilitate the creation of a secure non-fiscal space that will make it possible for the education sector to operate and pursue important initiatives, especially regarding infrastructure, outside of budgetary constraints Spe cial Funding for the Trust will be derived from different sources both local and international. Pro The National Parenting Policy will support the development of an enabling environment for our nations children. The policy tec will support parental rights; ensure equality for and inclusion of the most vulnerable families; and strengthen the systems of accountability of the state to fulfil its obligations. tion The National Parenting Support Commission (NPSC) is being established to lead the implementation of the National Me Parenting Policy asu This programme will be geared towards strengthening leadership and governance in the sector res Tabl e 8A1: Idea l and Actu al Cap acity of Juve nile Corr ectio nal Facil ities in Jam aica 179

National Education Inspectorate Purpose: To promote a culture of excellence and system of accountability in the education system This entity will be established to improve the quality of the education system at all levels. It will evaluate the system, make recommendations for improving its effectiveness in delivering education and ensure the dissemination of results. The Jamaica Teaching Council Purpose: To raise and regulate the standards of the teaching profession in Jamaica as well as provide support to achieve excellence This entity will be established to undertake the following: Provide professional leadership for teachers Maintaining and enhance professional standards Regulate, register and license the profession Review and oversee conditions of service Advise on teacher supply and deployment Provide strategic direction on training and professional development The Curriculum and Assessment This will provide and integrated curriculum and assessment framework to meet the needs of education system. The Agency will Agency develop and monitor the education curricula and the student assessment systems including analyzing and disseminating assessment information. Regional Education Agencies Purpose: To improve the management of education affairs by devolving authority for operations to smaller local agencies and provide support for school improvement Existing Regional Offices will be transformed into Regional Education Agencies (REAs) to ensure the effective delivery of education. These will have greater autonomy and will provide quality support to the schools under their purview, in line with national policy.

Institutions Fort Augusta A.C.C. Horizon A.R.C. Hill Top J.C.C. Rio Cobre J.C.C. Armadale J.C.C. St. Andrew J.R.C. Montpellier Camp J.C.C. (Needs refurbishing) Total

Ideal Capacity * * 98 120 45 48 250 561

Current Number of Children 53 36 110 118 47 45 Nil 409

Type Female Male/female Male Male Female Male Male

Taken from: Jamaican Children: Twenty Years after the Convention on the Rights of the Child

Table 8-A2:Age Group and Sex of Persons Arrested for Selected Major Crimes, 2008

Age Murder Group

Shooting

Robbery

Breakin

Rape

Carnal Total Abuse M 27 110 M F 137 1 744 13

Grand Total

M F Total M F Total M F Total M F Total M 12-15 8 8 6 6 18 18 46 1 47 32 86

138 757

16-20 106 5 111 116 1 117 182 2 184 144 5 149

murder, shooting, robbery, breaking and entering, rape and canal abuse.

Source: Crime Statistics Unit, Jamaica Constabulary Force Taken from: National Progress Report 2004-2006 On Jamaicas Social Policy Goals *The major crimes included in this summary are:

180

Table 8-A3
ESSJ

Reasons Juveniles Appeared Before The Court, 2006-2008 Main Categories Offences Murder/ Manslaughter Carnal Abuse/Rape/Indecent Assault Robbery/Robbery with Aggravation/Burglary/Larceny False Pretences/Fraudulent Conversion/Forgery Unlawful Possession/Receiving Stolen Property Wounding/Assault/Assault Occasioning Bodily Harm Dangerous Drugs Breaking Firearm Law/Armed with Offensive Weapon/Shooting with Intent Arson/Malicious Destruction Breaking Road Traffic Law Minor and Other Offenses ORDERS Breach of Probation Order/Variation Order OTHER Care and Protection/Child Abandonment Grand Total 2006 M 13 112 189 3 22 306 184 187 30 25 179 18 F 3 3 19 0 3 133 8 14 11 1 196 30 M 8 89 198 1 60 371 186 180 36 19 259 45 2007 F 2 3 14 0 1 138 8 28 3 3 284 49 M 9 111 214 3 12 416 193 269 51 38 292 44 2008 F 0 5 16 1 2 133 14 31 18 0 363 40 559 414 1 679 529 950 464 1 916 610 1 143 459 2 111 1 182

181