THE JAMAICA ANTI-DOPING PROGRAMME
The Jamaica Anti-Doping Programme is the major commitment of the Government of Jamaica (GOJ) in its fight to eradicate the illicit use of drugs in sport. Since 2003, despite the relatively tight fiscal space, the GOJ has made a concerted effort to provide a comprehensive anti-doping programme for Jamaican athletes. But these efforts need to be strengthened and intensified via an upgraded programme of education and information, intelligence gathering, targeted testing, investigation, enforcement and rehabilitation in keeping with international best practices of other top sporting nations.
The Jamaica Anti-Doping Programme is governed by The Jamaican Policy Against Doping in Sport (2005) and the Anti-Doping in Sport Act, 2008:
The Jamaican Policy Against Doping in Sport (2005)
The Jamaican Policy Against Doping in Sport (2005) was adopted by the Cabinet on 16 May 2005 and tabled in the House of Representatives on 31 May 2005. The Policy consists of the general principles, rules and standards which are to be followed and/or adopted by Jamaican National Sports Federations, their affiliate members, clubs, teams, associations and leagues; National Leagues not affiliated with a National Sports Federation; participants in any capacity in any activity organized, held, convened or authorized by a National Event Organisation; and all athletes, athlete support personnel and participants in sport in Jamaica.
The Jamaican Policy Against Doping in Sport (2005) incorporates the mandatory and other portions of the World Anti-Doping Programme, including the rules laid out in the World Anti-Doping Code, the mandatory International Standards, and the Models of Best Practice & Guidelines. The Policy further recognizes:
a) The role of the World Anti-Doping Agency (WADA) in establishing global standards and coordinating
worldwide anti-doping efforts.
b) The role of the Jamaica Anti-Doping Commission as having the appropriate authority to execute the Jamaica
Anti-Doping Programme and ensure that it is consistent with the World Anti-Doping Programme and other
international best practices.
The Anti-Doping in Sport Act, 2008
On 25 July 2008 the GOJ enacted legislation to provide the basis for the Jamaica Anti-Doping Programme. The decision was in furtherance of the Government’s obligations as a party to the UNESCO International Convention Against Doping in Sport, which it ratified on 2 August 2006, and as a signatory to the Copenhagen Declaration on Anti-Doping in Sport which it signed on February 10, 2004.
The Anti-Doping in Sport Act, 2008 provides for the establishment of four (4) bodies under the Jamaica Anti-Doping Programme:
1. The Jamaica Anti-Doping Commission – the National Anti-Doping Organization which is designated by
the Government of Jamaica as the agency responsible for regulating and controlling doping in sport. The Act
gives JADCO several functions among which are:
(a) the making of anti-doping rules to ensure
1) accurate implementation of the Code, and
2) compliance of Jamaican sport with the Code;
(b) the implementation of information and education programmes against doping in sport;
conducting investigations into potential anti-doping rule violations additional to positive tests
– e.g. trafficking, possession or assisting;
(c) the testing of athletes which involves the establishment of the National Registered Testing Pool of national-level and international-level athletes, the collection of samples, & the management of test results;
(d) presenting anti-doping rule violation allegations in front of the Jamaica Anti-Doping Disciplinary Panel, the Jamaica Anti-Doping Appeals Tribunal and/or the Court of Arbitration for Sport.
2. The Act also provides for the Jamaica Anti-Doping Commission to appoint the Jamaica Anti-Doping Therapeutic Use Exemption Committee (JADCO TUEC) which receives and examines applications for Therapeutic Use Exemption (TUE) Certificates from national-level athletes with a medical condition requiring the use of a prohibited substance or prohibited method in accordance with the Act, the Jamaica Anti-Doping Rules and the WADA International Standard for Therapeutic Use Exemption. The JADCO TUEC will grant or revoke TUE Certificates. In carrying out its responsibilities, the JADCO TUEC acts independently of the Jamaica Anti-Doping Commission, and does not have any other official responsibility within the Commission.
3. The Jamaica Anti-Doping Disciplinary Panel – the hearing tribunal with the power to determine the consequences of Anti-Doping Rule Violations (ADRVs) to be imposed by the Jamaica Anti-Doping Rules. The Disciplinary Panel shall:
(a) receive, examine and hear evidence related to an ADRV;
(b) conduct disciplinary hearings into ADRVs referred to it by JADCO;
(c) determine whether an ADRV has occurred; and
(d) impose consequences of ADRVs.
4. The Jamaica Anti-Doping Appeals Tribunal – the appeals tribunal with the power to hear and determine all issues arising from any matter which is appealed to it pursuant to the Jamaica Anti-Doping Rules of the Jamaica Anti-Doping Programme. The Appeals Tribunal shall:
(a) hear and determine an appeal arising from a decision of the Jamaica Anti-Doping Disciplinary Panel –
(i) that an ADRV was committed;
(ii) imposing consequences of an ADRV;
(iii) that an ADRV was not committed;
(iv) that an anti-doping organization lacks jurisdiction to rule on an ADRV or consequences of an
(b) impose a provisional suspension as a result of a provisional hearing;
determine the consequences of an ADRV to be imposed.
(c) hear an appeal against a decision of the JADCO TUEC granting or denying a Therapeutic Use Exemption, which was not reversed by WADA, if the Act specifically provides for an appeal to the Appeals Tribunal in relation to that matter.