RECENTLY A number of civic organisations in a discussion about the NCP expressed the view that while it is more comprehensive than previous ones, and has created opportunities for civil society participation, there are still areas of concern.
WEAKNESSES IN POLICE OVERSIGHT
Grants Pen citizens protested the treatment of young men detained in a truck for some five hours. This underscores a weakness in the current NCP, as no oversight committee has been established to monitor police conduct. Further, Minister Peter Phillips has not advised of actions that have been taken to strengthen the existing Police Public Complaints Authority (PPCA) to make it a more effective and independent investigative body.
The problem of the gulf between words and actions persists. The mechanisms
for holding persons accountable, and disciplining them when they break the rules
are not working. For example, a 16-year-old spent more than two weeks in lockups
with adults in Constant Spring Police Station without being offered bail. This
is against the law.
He was subjected to three identification parades and identified in none. Jamaicans for Justice experience in cases such as this is that no one will be held responsible.
The civic organisations are convinced of the need for the Government to immediately establish an oversight committee for the police that would work in collaboration with the PPCA.
They also highlighted the need to provide the public with information regarding the basic rules of engagement between the police and the citizenry during this crime initiative. The public also needs to be informed of the rules applicable to detention of persons, search of property and imposition of
curfews.
USE OF THE MILITARY
The groups have grave reservations about the intended prolonged use of the JDF in civilian policing. While the establishment of a committee to monitor the actions of the military in this current operation is welcome, it must be made accessible to citizens and given the resources and authority necessary to investigate
complaints.
The groups cautioned that the work of the committee might be impeded by the fact that unlike the police, individual soldiers do not wear identifying numbers and this will make it more difficult for citizens to be specific in their complaints.
As a principle, if the Jamaica Constabulary Force is unable to do its work efficiently, or lacks the resources necessary to be effective, then surely the correct response should be to strengthen the police, not bypass them by giving the JDF police powers.
As the Solicitor-General stated in his recent report to the Select Committee of Parliament, caution must be exercised, "especially when the liberty of the citizen may be affected".
THE DEATH PENALTY AND CONSTITUTIONAL CHANGES
The announcement of a Cabinet decision to amend the Constitution in order to bypass the Privy Council's ruling in the Pratt and Morgan case has caused alarm.
This implies the Government is suggesting that an appropriate response to the Privy Council's ruling is to remove the constitutional provisions that prohibit cruel and inhuman punishment.
The civic groups asked the Government to refrain from setting a dangerous precedent of changing the Constitution to bypass the decision of a final court.
Instead they suggested that attention be given to the reform of the courts and prisons so that cases and appeals can be processed speedily and incarcerated persons, including those on death row, can be held under humane conditions.
The concern about removing constitutional protections is particularly acute for the rest of the society who enjoy protections which the Government seems intent on removing.
COMMUNICATION WITH THE PUBLIC
On a more general note the groups stressed the need for the public to be informed about the crime plan's budget and what mechanisms are being put in place to enable wider public participation, especially in efforts to create urban renewal.
They articulated the government's need to give equal emphasis to, and mobilise resources for, the on-going provision of basic amenities and services in the neglected communities.
The long-term success of the NCP will require the implementation and/or strengthening of strategies to increase access to opportunities for legitimate income earning among citizens in the inner cities and among the rural poor.
Also recognised was the fact that the State alone cannot directly meet all needs and so a national effort must be mobilisation around a defined vision for the nation. A constant dialogue must begin with an informed citizenry so that we all work toward this common agreed vision.
The government and all other relevant bodies must immediately take measures to strengthen legitimate community-based groups through funding, technical assistance, equipment, training, etc.
Most importantly, political leaders must lead by example, making every effort to end tribalism and partisan distribution of benefits.
The upcoming Local Government elections could be used to fully implement the
recommendations of the Report of the National Committee on Crime and Violence
such as "recommitting to a set of values and a code of conduct consistent
with the vision of a safe, peaceful and prosperous Jamaica", and "eliminating
persons with questionable backgrounds and connections from representational
politics".
