JAMAICA

CCPR

DEROGATIONS: NOTIFICATIONS UNDER ARTICLE 4 (3) OF THE COVENANT

28 September 2004

On 28 September 2004, the Secretary-General received from the Government of Jamaica a notification dated 28 September 2004, made under article 4 (3) of the above Covenant, transmitting a Proclamation declaring a state of emergency in the island. The proclamation shall remain in effect for an initial period of 30 days, unless the Governor-General is advised to repeal it or an extension is granted by the House of Representatives.

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22 October 2004

In a note received on 22 October 2004, the Government of Jamaica informed the Secretary-General that during the state of emergency, the provisions from which it may derogate are articles 12, 19, 21 and 22 (2) of the Covenant.

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27 October 2004

On 27 October 2004, the Secretary-General received from the Government of Jamaica a notification, made under article 4 (3) of the above Covenant, transmitting text of sections 26 (4) - (7) of the Constitution by which the proclamation of a state of public emergency issued by the Governor-
General on 10 September 2004 terminated on 8 October 2004.

Furthermore, the Government of Jamaica informed the Secretary-General that the possible derogation from the rights guaranteed by Articles 12, 19, 21 and 22 (2) by Jamaica ceased on 8 October 2004.

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24 August 2007

On 24 August 2007, the Secretary-General received from the Government of Jamaica a notification dated 23 August 2007, made under article 4 (3) of the above Covenant, transmitting a proclamation declaring a State of Public Emergency in the Island issued by the Governor on 19 August 2007. The proclamation shall remain in effect for an initial period of 30 days, unless the Governor-General is advised to repeal it.

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27 August 2007

In a note received on 27 August 2007, the Government of Jamaica informed the Secretary-General that the State of public emergency issued by the Governor on 19 August 2007 has since been lifted effective Friday 24 August 2007.

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1 June 2010

"...in accordance with Article 4 (3) of the International Covenant on Civil and Political Rights has the honour to inform that on 23rd May 2010, the Governor-General of Jamaica issued a proclamation declaring a State of Public Emergency in the island.

The State of Public Emergency has been imposed in the parishes of Kingston and St. Andrew as a result of a threat to public safety and shall exist for a period of one month unless extended by the House of Representatives or terminated at an earlier time.

The Proclamation issued by the Governor-General is in strict compliance with the provisions of the International Covenant on Civil and Political Rights and with the Constitution of Jamaica. There may be derogation from the rights guaranteed by Articles 12, 19 and 21 of the International Covenant on Civil and Political Rights...

The Government of Jamaica hereby requests that the Secretary-General in his capacity as depository of the International Covenant on Civil and Political Rights inform all Parties to the Covenant on the provision from which it may derogate and the reason for possible derogation.

The Permanent of Jamaica has the further honour to advise that the Government of Jamaica will inform the Secretary-General of measures taken by the authorities aimed at the termination of the State of Public of Emergency..."

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30 June 2010

"...The Permanent Mission [of Jamaica to the United Nations] wishes to advise that, upon the decision of the House of Representatives for Jamaica, the State of Emergency [declared on 23 May 2010] has been extended by the Government of Jamaica, in accordance with Section 26 (4)-(7) of the Constitution, for a further period of twenty-eight (28) days from the date of June 23, 2010 for the parishes of Kingston, St. Andrew, as well as St. Catherine.

During the period of public emergency the Government may derogate from the provisions of Articles 9, 12, 17, 19 and 21 of the Covenant under regulations made pursuant to Emergency Powers Act. ...."