Cold shoulder

A groundbreaking initiative in Jamaica designed to rehabilitate young offenders is encountering substantial obstacles, with pervasive social stigma and administrative failures creating significant barriers to successful reintegration. The Jamaicans for Justice (JFJ) rights advocacy group, in its recent report ‘A Civil Society Review of the Diversion and Alternative Measures for Children in Conflict with the Law in Jamaica,’ reveals that children completing the Ministry of Justice’s Child Diversion Programme face severe stigmatization when attempting to return to their educational institutions.

The program, operational since January 2020 under the progressive Child Diversion Act of 2018, aims to divert juveniles from traditional criminal justice pathways through alternative interventions. However, the very institutions meant to support these youth are frequently contributing to their marginalization. Schools and peers routinely label participants as ‘delinquents,’ particularly those whose original offenses involved sexual activity under age 16 or assault, resulting in profound social exclusion that undermines the program’s rehabilitative objectives.

Beyond social stigma, the JFJ identifies critical systemic failures impairing the program’s effectiveness. Parental disengagement and bureaucratic delays in issuing completion certificates create additional hurdles for school re-enrollment. The absence of comprehensive reoffending data further complicates assessment of long-term outcomes, while a concerning 13% of participants either fail to complete or are returned to referral sites.

Statistics reveal sobering completion rates: of 1,517 referrals between 2020 and January 2024, only 690 children (45%) successfully finished the program. Non-compliance reasons range from inability to locate children and court withdrawals to parental non-support and conflicting school commitments.

The JFJ emphasizes that even frontline personnel demonstrate inadequate awareness of the program’s provisions, with only 48% of police and school resource officers familiar with the Child Diversion Act. Many continue relying on informal cautioning rather than formal diversion referrals, despite the program’s demonstrated rehabilitative benefits.

While acknowledging the program’s significant potential for addressing juvenile delinquency and reducing recidivism, the JFJ calls for urgent interventions: enhanced inter-ministerial coordination between Justice and Education ministries, comprehensive training for school administrators, partnership with NGOs for community-based mentorship, and resolution of critical shortages in mental health professionals and social workers.

Contextualizing the urgency, Jamaica Constabulary Force data shows children aged 12-17 were implicated in 875 major crimes from 2018-2021, with 710 arrested for serious offenses including murder, shooting incidents, and sexual assaults in the 2022-2024 period. Sexual offenses alone accounted for over half of the 730 felonies committed by juveniles during this timeframe.