THE BOOKS are cluttered with laws that are not enforced. And nothing breeds greater disrespect for the law than non-enforcement.
One such law, largely ignored by the enforcement arm of the state, is the Copyright and Trademark Act. Pushed by the forces of globalisation, mainly through the rules of the World Trade Organisation (WTO), Jamaica has substantially overhauled its intellectual property rights laws. But many local breaches of intellectual property rights and trademark rights are allowed to continue.
Last week the police in St. James stirred themselves to investigate the alleged illegal use of Bob Marley's image on souvenir items in the in-bond trade. A number of high-level arrests were made.
The environment is another area in which a whole new set of laws have emerged in the last decade or so but with minimal enforcement. The Pesticide Control Authority last week also exercised a bit of muscle under the Act which established the agency, and seized several unregistered pesticides from a retailer. Pesticides carry considerable risks to the environment and to public health. Several have been banned and the manufacture, sale and use of all others are legally regulated. Manufacturers and retailers were warned from three years ago that after June 2000, anyone found to be producing or repackaging pesticides without a licence from the PCA could face a fine of up to $50,000 and or imprisonment of up to six months. Very little has been done since the deadline to enforce the law.
There has been a very heavy focus on hard crime policing over many years to the neglect of enforcing laws like those protecting intellectual property rights and the environment. Another broad category of under-policed laws is what has been called quality of life laws. And yet it is well established that when quality of life laws are rigorously enforced, the levels of all crimes decline. The anti-noise laws, for example, are more honoured in the breach than by enforcement. Anti-litter and zoning laws are little better off, and the list can be extended. Feeble sporadic efforts here and there to enforce neglected laws must be strengthened and extended. Failure to do so does not only threaten our personal rights and freedoms, which just laws are designed to protect, but undermines business and trade and the elusive national development which we seek.
THE OPINIONS ON THIS PAGE, EXCEPT FOR THE ABOVE, DO NOT NECESSARILY REFLECT THE VIEWS OF THE GLEANER.
