The Inter-American Human Rights System

Chapter 16 continues the discussion human rights issues within the specific context of the Inter-American system including the Inter-American Court for Human Rights and the Inter-American Commission for Human Rights. It discusses Jamaica’s selective adherence the regional human rights regime, for though the country has accepted the jurisdiction of the Inter-American Commission on Human Rights, it has not done so with respect to the Court. With specific reference to the Commission, the chapter highlights how Jamaican foreign policy has manoeuvred this willingness to participate on the one hand, as against certain challenges that have come to Court mainly in respect of the right to life, police killings and freedom of expression. The chapter discusses a number of cases that embody Jamaica’s approach and response to the Inter-American system. These cases include the Dominican Republic’s policy towards individuals of Haitian descent and the impact of bauxite mining on human rights. Attention is given to the Michael Gayle case which prompted the IACHR to make far reaching recommendations to the Government of Jamaica on the conduct of investigations into the security forces. Chapter 16 also examines the Dudley Stokes case in which the IACHR was prepared to rely on the approach taken by the Jamaican courts to high levels of compensation for libel, not withstanding assurances of freedom of expression in Jamaican law. It closes with some general criticisms of the IACHR and the aspirational nature of Jamaican human rights policy.