THE JAMAICAN Bar Association yesterday joined the group of persons and organisations opposing the Government's move to give police powers to members of the army.
In a submission to the parliamentary committee studying the matter, the Bar Association said the proposal was dangerous and would lead to the increased militarisation of the society.
"The association is also genuinely concerned that the proposed amendments might result in increased incidence of violation of the constitutional rights of citizens," said attorney-at-law Arlene Henry who represented the Bar Association before the committee.
Ms. Henry argued that the training of soldiers does not prepare them to handle the powers and carry out the functions performed by the police.
"The soldiers' training is centred on preparing them to defeat an enemy. The police training is centred on their being peace officers. In summary, the soldiers' training itself places a limit on the powers they should properly be given over civilians," she said.
Last year, Prime Minister P.J. Patterson brought to the House amendments to the Defence Act which would grant police powers to the military. At the time, the Prime Minister explained that the amendments were necessary because of the increased use of soldiers in the Government's new anti-crime plan.
Under the amendments, soldiers would have the authority to search premises and apprehend persons regardless of whether members of the Jamaica Constabulary are present.
The Opposition Jamaica Labour Party, however, argued that the Bill was too vague and, on the face of it, was granting to soldiers powers which their training did not prepare them to handle. Their concerns led to the setting up of the parliamentary committee, which is chaired by National Security Minister, Dr. Peter Phillips.
The proposal has stirred considerable public debate with a number of individuals and organisations rejecting the move. Last week Jamaicans for Justice (JFJ) and the Independent Jamaica Council for Human Rights (IJCHR) opposed the move, arguing that it could erode the liberties of citizens.
Yesterday, the Bar Association argued that blurring the line between the police and the military could lead to public seeing soldiers in the same negative way they now see the police.
It could also lead to an increase in the number of lawsuits brought against the Government by citizens whose rights are breached by members of the army, the association contended.
"We need to prepare and aim for less military involvement in civilian peacekeeping rather than more," Ms. Henry said. "Otherwise, we run the danger of developing a collective psychology and culture which comes with a military state and which is conducive to the chipping away of people's rights."
The committee will resume its sitting in the next two weeks when the Chief of Staff of the Jamaica Defence Force, Admiral Hardley Lewin will make a submission.
