KINGSTON, Jamaica — Jamaica’s proposal to increase the mandatory minimum prison sentence for illegal firearm possession from 15 to 20 years has drawn criticism from human rights advocates, who warn that the measure could raise constitutional concerns as the country faces a review by the United Nations (UN) Human Rights Committee.
The Advocates’ Association of Jamaica (AAJ) has questioned whether the proposed increase would allow sufficient flexibility for judges to consider the circumstances of individual cases, including whether a 20-year sentence would be disproportionate to the offence.
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AAJ President Tamika Harris acknowledged the need for strong measures to combat gun violence but argued that mandatory sentences should not prevent judges from delivering proportionate punishment.
“We all want to see an end to gun violence, but increasing mandatory minimum sentences while denying judges the discretion to consider individual circumstances is deeply concerning,” Harris told The Jamaica Gleaner.
She cited the Privy Council’s decision in the case of Tafari Morrison and The King, which recognised that mandatory sentences could, in certain circumstances, amount to inhumane or degrading punishment.
Harris pointed to Section 13(6) of Jamaica’s Constitution, which protects individuals against torture and inhumane or degrading punishment or treatment. She argued that raising the minimum sentence could increase the risk of disproportionate punishment if judges are unable to account for exceptional circumstances.
The AAJ has called for a safeguard that would allow judges to depart from the mandatory minimum where imposing it would result in a manifestly excessive sentence.
The proposal was announced by the National Security Council (NSC), chaired by Prime Minister Andrew Holness, as part of planned amendments to the Firearms Act. The council said the changes were intended to strengthen the country’s response to illegal guns while protecting vulnerable people.
The proposed amendments would also create a new criminal offence targeting adults who groom children to use, store, transport or acquire illegal firearms. The Government says the measure is intended to address the recruitment of minors by criminal gangs.
Holness has maintained that his administration is determined to tackle gun violence while ensuring that the law remains fair to vulnerable groups.
The debate comes as the UN Human Rights Committee conducts its 146th session in Geneva, Switzerland, from October 19 to November 6. Jamaica is among four countries being reviewed on their implementation of the International Covenant on Civil and Political Rights. The country’s previous review took place in 2016.
A coalition of Jamaican civil society organisations has submitted concerns to the committee, including the mandatory sentencing provisions of the Firearms Act and the need to preserve judicial discretion. The groups are asking the committee to recommend changes that would allow judges to depart from mandatory minimum sentences where the interests of justice require it.
The coalition includes Jamaicans for Justice (JFJ), the Jamaica Environment Trust, the Equality for All Foundation, Stand Up for Jamaica, the Caribbean Vulnerable Communities Coalition and the Jamaica Youth Advocacy Network.
JFJ Executive Director Mickel Jackson also raised concerns about police use of force and the increase in fatal police shootings. She said the organisation recorded 311 fatal police shootings in 2025, compared with an annual low of 86 in 2019. The year-to-date figure for 2026 was reported as comparable to the 2025 total.
Jackson stressed that the organisation was not suggesting every fatal police encounter was unlawful, but said the absence of body-worn cameras remained a concern, particularly when families disputed official accounts of incidents.
The coalition has also urged the Government to fully fund the Office of the Public Defender and expand its role to include the functions of a national human rights institution.
While acknowledging progress in areas such as child protection and integrity legislation over the past decade, Jackson said further action was needed to address persistent human rights concerns.
The proposed increase in the minimum sentence has therefore become part of a wider debate over how Jamaica can strengthen public safety while ensuring that its criminal justice system upholds constitutional protections and international human rights obligations.
