Garth RattrayON TUESDAY, December 10 2002, the government proposed legislation to amend Subsection Three of Section Nine of the Defence Act. This would allow soldiers to "have all such powers as may lawfully be exercised, by members of the Jamaica Constabulary Force (JCF)". Soldiers engaged in joint patrols with the police would have powers of search, apprehension and detention. Opposition Leader Edward Seaga resisted the idea citing concerns over the scope of powers being given to the military and their understanding of the law. But Health Minister John Junor pointed out that the Defence Act had already "empowered the Prime Minister to give directions to the Chief of Staff with respect to the operational use of the Jamaica Defence Force (JDF) for the purpose of maintaining and securing public safety and public order". The ensuing deadlock forced the administration to take the issue to a special parliamentary committee.
To understand the legal basis of the government proposal, one needs to look at Section Nine of the Defence Act that deals with the Jamaica Defence Board. The relevant part of Subsection Two states, "-the Prime Minister may give to the Chief of Staff such directions with respect to the operational use of the Jamaica Defence Force in Jamaica for the purpose of maintaining and securing public safety and public order, notwithstanding that the directions of the Cabinet have not been obtained, and the Chief of Staff shall comply with those directions or cause them to be complied with". And, Subsection Three states, "Where any member of the Jamaica Defence Force is acting pursuant to directions referred to in the proviso to subsection (2), such member shall, while so acting, enjoy all such immunities, privileges and protection as are enjoyed by a member of the Jamaica Constabulary Force".
Although we need to eradicate crime and violence, we must be careful not to panic and end up shooting ourselves in the foot or worse yet, in the groin (the latter being infinitely more painful, deleterious and portends for a dismal future). Some countries temporarily use a joint security force in order to eradicate extreme threats to public safety. Others (like Latin American countries, Nigeria, the Philippines and Indonesia, to name a few) use the joint police/military security force to wage an ongoing war against crime and/or illegal drugs. In all cases there have been outcries of serious, sometimes barbaric human rights infringements. Our government's intent to appoint a body to deal with public complaints against the military only serves to underscore that very real possibility.
Because of the threat of terrorism France has joint police/military patrols (Operation Vigipirate). However, the soldiers there are under the orders of the police and the military officers in charge stress that the army has no police powers under the anti-crime plan. The military merely "accompany and reinforce" patrols under the command of police officers. I found no report of human rights infringement there.
In an Associated Press release on Central America (October 23, 2001) UN Secretary-General Kofi Annan "called for better internal oversight mechanisms and urged the governments to halt joint police-military patrols". Mr Annan further stated that, "Continuing military involvement in police functions could lead Central America into the cycle of violence and repression that led so tragically to war in the past." I believe that was in part what the Jamaicans for Justice (JFJ), and the Independent Jamaica Council for Human Rights (IJCHR) were referring to when they made a submission to the special parliamentary committee voicing their concerns for what they said were some of the dangers of the proposed legislation.
The Police Federation and the Police Officers Association have been conspicuously silent on the matter but the unofficial feeling within the JCF is that some soldiers are jealous of the powers given to the police. Some say that a number of soldiers are already behaving as if they have police powers although they know nothing of the laws of the land. One police officer raised the point that soldiers are trained to carry out orders without question, consequently they are not able to think for themselves and are unable to exercise discretion. They are trained for war, not for crime fighting.
Perhaps the government should consider training selected military personnel at the Police Academy just like regular JCF recruits. It only takes six months. The investment in time and effort would hopefully produce a true 'military-police' hybrid that will bring the manpower/firepower from the JDF and the 'protect and serve' ideals of the JCF to bear on crime-fighting in Jamaica.
Dr Garth A. Rattray is a medical doctor with a family practice.
