HELP! Fire Danger In New Kingston...

Road	No. of Apts. / Townhouse Complexes	Total Fire Hydrants	Defective Hydrants	Working Hydrants
Musgrave  Close	1	1	0	1
Musgrave Ave	1	2	0	2
Linstone Crescent	4	4	0	4
Gladstone Avenue	2	1	0	1
Montrose Road	1	0	0	0
Hopefield Avenue	10	6	5	1
Hilcrest Avenue	4	2	0	2
Clieveden Avenue	8	0	0	0
Clieveden Close	1	1	0	1
Donhead Avenue	6	5	3	2
Seymour Avenue	4	2	1	1
Tyndhurst Avenue	5	1	1	0
Seaview Avenue	7	1	1	0
Worthington Terrace	3	2	0	2
Worthington Avenue	8	2	1	1
Haining Road	4	1	1	0
Pawsey Road	1	1	0	1
Lords Road	1	3	1	2
Oval Road	1	0	0	0
Musgrave Avenue	1	1	0	1
Comlin Bank Avenue	1	0	0	0
Braemar Avenue	4	1	0	1
Upper Braemar Avenue	1	0	0	0
Upper Musgrave Avenue	2	0	0	0
Argyle Road	3	0	0	0
Upper Montrose Road	0	2	2	0
Windsor Avenue	0	1	1	0
Fairway Avenue	1	0	0	0
Kensington Avenue	9	0	0	0
Seatonhurst Avenue	3	1	0	1
Gary Close	2	1	0	1
Brompton Avenue	5	0	0	0
Brompton Terrace	0	1	1	0
Retreat Avenue	2	1	0	1
Lady Musgrave Road	11	5	3	2
Total	117	49	21	28

The communities of Seymour Lands (commonly referred to as the Golden Triangle) and the residential sections of New Kingston are at serious risk from fire. The nearby community of Trafalgar Park though not highlighted here, faces similar challenges. This, as a survey conducted by the Trafalgar Council on December 13, 2008 has revealed that approximately 43 percent of the fire hydrants which are supposed to service the communities are defective. Further some 27.4 percent (32 out of 117) of apartments and townhouse complexes have no discernible access to any public fire hydrant. Whereas no particular competence is claimed regarding whether or not these hydrants deemed as being defective are still able to provide some semblance of service, defective in this context is identified as those hydrants which have no caps, are obviously broken or are skewed at angles perhaps after being damaged in a vehicular accident. For the remaining hydrants, there is an assumption for the purposes of this discussion that given that they all have caps in place and have no obvious damage, they suffer from no other defect and are thereby deemed to be working. In any event, the communities are grossly underserved in terms of fire hydrant placement and in fact the current 49 hydrants that have been placed are deemed to provide less than 20 percent of the requisite coverage. This, on the basis that international fire codes dictate, that hydrants must be placed within 250 feet of any building to be protected. However, in Jamaica the more recent acquisitions of fire trucks (commencing in 2006) which have been characterized as “state of the art”, are fitted with hoses that are at maximum 200 feet long. Hence, the placement of fire hydrants must as a matter of common sense, be no more than 200 feet from any building to be protected in Jamaica. This is obviously not happening in the communities in question.

This matter is compounded further, when it is recognized that these “state of the art” fire trucks are equipped with 36-foot ladders. These ladders are only able to facilitate fire fighters in buildings no more than 3-storeys high and cognizance must be taken of the fact that in recent times the Town and County Planning Authority (TCPA), which receives its technical support from the National Environment and planning Agency (NEPA), and the KSAC (local authority) have approved several 4-storey apartment complexes in the communities being described here. The height of a single storey ranges between 10 and 12 feet, so that a 4-storey building would be 40 to 48 feet high not including the roof and hence a 36-foot ladder would be of little use on the top floors or roofs of many of these densely populated structures in the event of a fire. Indeed on Braemar Avenue and Argyle Road in Seymour Lands, there are 4 such buildings but Braemar Ave only has one (1) seemingly functional fire hydrant and Argyle Road has none. An even more frightening scenario obtains on Kensington Avenue in New Kingston where 9 multi-storey apartment and townhouse complexes have been built with the majority being 4-storey structures and there isn’t a single fire hydrant. It must be noted, that whereas emphasis is being placed here on the high density apartment buildings and townhouse complexes, there are still a considerable number of single dwelling houses in these communities, which in the main are completely unprotected.

This issue is further compounded when it is recognized that the authorities have unilaterally altered the density ratios in the community from 30 habitable rooms per acre to 50 habitable rooms per acre where there is access to a central sewage line and have also altered the setback distances to no more than 5 feet per floor. Further, though the site coverage standards set by NEPA, dictate that for apartment and townhouse complexes no more than 33 1/3 percent of the land should be used for structures and for single dwelling houses no more 50 percent can be used, this is treated with impunity with site ratios routinely approaching 75 percent, particularly for the apartment and townhouse complexes. Indeed, the plot ratios are so high that it is estimated that the 117 townhouse and apartment complexes identified in the Trafalgar Council survey, boast an average of 35 units per complex. So there are approximately some 4,095 such units in the communities surveyed with an estimated occupancy of 12,285 persons. This is even more worrisome when cognizance is taken of the fact that there are a number of schools in the community where the functionality of the hydrants is suspect, notably those on Hopefield Avenue and Hilcrest Avenue. In other words, given the proximity to adjoining properties, the overbuilding and the high densities involved, a single fire can have catastrophic consequences on the neighbourhoods, with there being no clear mitigation strategy in place.

It is therefore clear, that the authorities must, as a matter of urgency conduct a comprehensive audit of the fire hydrants in the communities described and effect repairs to those that are damaged and make arrangements to install the requisite number of hydrants to provide full protection to the communities. There is also need for a forensic audit of the building approval mechanism as the provision of fire hydrants form part and parcel of infrastructure requirements and it speaks volumes about the integrity of an approval process involving the TCPA, NEPA and the KSAC whereby, for example 8 apartment and townhouse complexes are approved and built on Clieveden Avenue in Seymour Lands and 9 similar complexes are approved and built on Kensington Avenue in New Kingston respectively, with absolutely no public fire hydrant provision being made.

Mayor McKenzie Disappoints

The Trafalgar Council is expressing alarm at the advertised participation of KSAC Mayor Desmond McKenzie in an outdoor concert / street dance as a music selector in the midst of a residential community. Indeed, the “free” dance which is billed as Vintage Rhythms is being sponsored by KLAS Sports Radio and boasts popular selectors such as Wee Pow (Stone Love) and Gladdy (Wild Bunch Disco) with special guest artiste Boris Gardener, will clearly attract a mammoth crowd, thereby creating a horrific nuisance for the townhouse and apartment complexes in the immediate vicinity. Indeed KLAS held a similar party on September 9, 2008 at its Haining Road offices which reportedly created a severe noise disturbance for a considerable period of time and this pattern will no doubt be replicated at this upcoming function. The concerns of the residents in this regard have been consistently articulated and it is therefore with consternation that the Mayor’s participation in and thereby tacit endorsement of a function which by its very nature will be in breach of the Noise Abatement Act is noted. This as Section 3.4 of the Noise Abatement Act stipulates that:

Subject to subsection (2) and section 5, no person shall, on any private premises or in any public place at any time of day or night:

(a) sing, or sound or play upon any musical or noisy instrument; or
(b) operate, or permit or cause to be operated, any loudspeaker, microphone or any other device for the amplification of sound ,in such a manner that the sound is audible beyond a distance of one hundred metres from the source of such sound and is reasonably capable of causing annoyance to persons in the vicinity …

The consternation of the afflicted residents is compounded when it is recognized that the KSAC has a critical part to play in the approval process for such functions, but its function as the local authority is now compromised by the participation of its Chairman, Mayor McKenzie in an activity which on its face will be in breach of the Noise Abatement Act.

A tribute to Alton Ellis, a true reggae pioneer, is laudable but such a function has no place in a residential community. However, the involvement of Mayor McKenzie as a music selector at a function of this nature creates quite the conundrum as his office remains a critical component of the regulatory framework but his actions would seemingly posit him as part of the problem and not the solution.

Jamaican Government to Seize and Sell Lands for Unpaid Property Taxes

“We are going to seize anything of worth that you may have for the value of the outstanding taxes and if that is not enough we are going to take the body to court”. That’s the most recent threat leveled by Acting Commissioner of Inland Revenue, Viralee Lattibeaudiere, as she addressed a recent joint press conference at the KSAC. Mrs. Lattibeaudiere also disclosed that persons would be recruited for training as bailiffs and that space would be rented to store seized goods. The Acting Inland Revenue Commissioner also advised of the Governments intention to reactivate the Quit Rents Act under which persons properties would be seized and sold for unpaid property taxes. "This is how serious we are going to get. I urge individuals to heed the Minister's call to pay up arrears. It will not be business as usual," she warned.

Quit Rent is a form of levy or land tax imposed on freehold or leased land by a higher landowning authority, usually government or its assigns. Some governments have now abolished the quit rent system and relieved those with a nominal quit rent obligation from the requirement to pay it, replacing quit rents with a uniform system of land tax. However in other countries, such as Malaysia, quit rent remains an important means of raising revenue from landowners. A full copy of the Quit Rents Act is provided below:

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NEPA, KSAC….BOTH SIDES OF THE SAME COIN

How can the Government of Jamaica establish a radio station in the midst of a residential community and yet the agencies which are supposed to have oversight responsibility for illegal land uses and zoning breaches claim to be unaware more than 3 years after the fact? That’s the case with KOOL FM which the Government of Jamaica established on Braemar Avenue in the heart of the Golden Triangle one of the oldest residential neighbourhoods in St Andrew in flagrant violation of not only the zoning laws but the restrictive covenants governing the community. Further, the National Environment and Planning Agency, NEPA, and the Kingston and St Andrew Corporation, KSAC, gave approval for the construction of a four-storey apartment complex next door to the radio station. Ironically the four-storey building (itself a breach) continues to be overshadowed by the Transmission Tower of the radio station.

This comes on the heels of loud and persistent complaints from the citizens, which the agencies in question continue to seek to frustrate, while patronizingly claiming to be desirous of a process of on-going dialogue. However, in light of the recent revelation that the Government of Jamaica had previously issued a directive to NEPA to ignore all breaches committed by other Government agencies, the delays relating to enforcement and efforts to frustrate the citizenry by both NEPA and the KSAC are now explained. Indeed, the process has been totally compromised and has opened the floodgates of corruption which has been apparently extended beyond just Government agencies to friends or other connected persons.

Will the Bruce Golding led Government of Jamaica now have the courage the commission a forensic audit of the entire approval process as impacted by NEPA and the KSAC?

Thank You Minister Vaz! We Always Suspected…..

The National Environment and Planning Agency NEPA in Jamaica, has been operating under a directive not to prosecute other government agencies for breaches! This was recently revealed by Minister of State in the Office of the Prime Minister Daryl Vaz and subsequently confimred by NEPA. That NEPA occupies such a significant role in the approval process, confirms that Jamaica’s building approval process is now so hopelessly compromised that only the scrapping of NEPA and removing Parish Council input from the process can hope to restore even a modicum of integrity to the process. This as the obviously complicity of the Local Authorities (Parish Councils and the KSAC) in this corrupt approval process cannot be ignored. Further, the fact that the Local Authorities with more than a working knowledge of the patently obvious corruption of the process, remained silent, particularly in light of the howls of protest from their constituents as part of nearly every citizens lobby group in Jamaica is a further indictment of that body. Indeed, if not for the public disclosure of Minister Vaz the truth would never have been revealed. For that Jamaica owes Daryl Vaz a debt of gratitude!

Indeed many citizens lobby groups, including the Trafalgar Council, have for years been regaled by anecdotes of blatant corruption in the approval process involving bribery, backdated approvals, the mysterious transfer and development of Crown Lands to name but a few areas of graft and corruption associated with the approvals process. However, even the most cynical amongst those groupings are most likely shocked by the notion that the corruption had in fact received the formal blessing of Central Government.

There is therefore need for a comprehensive investigation, inclusive of full forensic audit into the building approval and enforcement processes in Jamaica. Indeed, examples of questionable approvals and enforcement has spanned decades and affects all parishes. In the case of the Golden Triangle and the residential sections of New Kingston, there are several examples of construction projects being given approval to construct for example studio apartments, only to have them later converted to one and two bedroom apartments. There has been illegal construction of basements and the state stipulations about setbacks, reserved green space and plot ratios remain largely academic. However in each case there would have to be a multi-agency review of plans coupled with site inspections bolstered by Surveyors and Architects reports coupled with the interventions of other industry professionals, so it remains inconceivable that obvious breaches would remain undetected. Indeed so pervasive has been this activity that the Trafalgar Council has on the basis of the Planning and Development manual published in 2007 by NEPA, declared “Most New Construction in Golden Triangle is Illegal”.

This is equally evidenced in other parts of the Corporate Area with multi-storey dwellings and commercial buildings being constructed with absolutely no setback and yet were only detected when construction was either completed or near completion. To make matters worse those projects were constructed in the midst of busy thoroughfares teaming with motor vehicles and pedestrians on a daily basis, who recognized the breaches, yet the regulatory bodies claimed to be oblivious until it was functionally too late. Equally in terms of enforcement, several blatant breaches have been reported over periods of time spanning decades with minimal to no action being taken. While cognizance is taken of a lack of agency capacity, the inordinate delays in investigation and the failure to follow-up raises serious issues about the integrity of the process. For example, the addresses of commercial buildings boasting large signage displays and operating on popular roadways in the midst of residential communities, suddenly cannot be located by personnel from regulatory agencies to serve enforcement notices or investigate breaches.

Similarly, in terms of several new constructions on the North Coast of Jamaica, setback ratios are routinely breached and issues such as sewerage disposal are so ineptly dealt with that questions regarding the process of oversight must be raised. Again the breaches are so glaring that it would be impossible for them not to be determined by the regulatory bodies.

This lends credence to the oft-quoted aphorism that “…it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”. In fact Lord Chief Justice Hewart in his ruling further advised that “Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice”. Whereas these comments form the basis for the precedence, under English Law, establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision, prudence would dictate that the Local Authorities, NEPA and the Town and Country Planning Authority among others be guided by its far reaching applicability and implications.

This therefore raises the issue yet again as to the role of the political directorate in the approval process particularly at the local level. Indeed, there is a view that politicians at the local level across the island, have too much influence over the process and the prevailing ethos is such that it can actually foster corrupt activity, if persons are so minded. In this vein, Prime Minister Golding’s suggestion that a single entity be established to treat with building approvals may well be part of the solution, however in the interim, it seems only appropriate that a radical staff restructuring exercise be embarked upon involving employees associated with building approvals and enforcement in the regulatory bodies and that political personnel populating the crtical planning committees be rotated off these bodies. Indeed at the level of membership of the Town and Country Planning Authority and the NEPA Board, it would seem appropriate that such appointments be limited to 12 months, preserving the integrity of the process and again reducing even the perception of corruption.. These entities all have substantial power and in the absence of functional oversight can become corrupted and hence the approprate system controls must be instituted to preserve the integrity of the process.

For too long have accusations been levelled about corruption and cronyism regarding building approvals in Jamaica and its therefore timely for a full forensic audit to be conducted and a dispassionate determination of the truth made. In the event corruption and graft is discovered, those responsible would be expected to be punished to the fullest extent under the law. In the interim is the Office of the Public Defender likely to intervene on behalf of the tens of thousands of Jamaicans who have been victimized by decades of corrupt activity associated with building approvals sanctioned by the State?

No! Prime Minister Golding

Surprisingly, one of the most hotly debated issues in Jamaica this week has been the suggestion endorsed by Prime Minister Bruce Golding that persons who are found to be without their drivers licences are to be arrested and put in jail. This is not a new suggestion and indeed has been voiced, with hitherto no political support, by varying members of the Jamaica Constabulary Force (JCF) for several years. However, Prime Minister Golding has now given currency to this proposal and surprisingly there is a significant body of public support for this draconian strategy. This may well be driven by partisan support for the newly installed but embattled Golding regime or merely reflects the level of desperation being experienced by a frightened populace in the midst of a crime wave. Whatever its antecedence, the ease with which Jamaicans are willing to cede their constitutional rights including their most fundamental right of freedom is truly disconcerting. This is particularly poignant as there are simple and far less intrusive techniques available, particularly technological solutions, to the security forces to bolster their overall effectiveness in solving crime. Further, the JCF does not enjoy the trust of large segments of the Jamaican populace who regard the Police Force as a corrupt and woefully inefficient institution which is more prone to abuse any such latitude, rather than use it as it was theoretically intended.

Simple Solution
Each Police vehicle should be equipped with a computer, so that when persons are stopped in their so-called spot check if the person does not have on his/her person a drivers licence, the mere provision of a name and address should allow that person’s particulars inclusive of their photograph to be readily accessed. This is by no means novel and already obtains in several countries. Hence there is no reason for denying anyone their liberty over a drivers license. Further, Jamaica’s past is checkered with examples of failed attempts of controlling criminal activity with draconian measures. A case in point was the State of Emergency which was declared in 1976 and arising out of which was the dreaded Red Fence and Wire Fence where several persons liberty were denied them in a indiscriminate manner. However by 1980 Jamaica’s murder total soared to 800 persons perpetuating an upward trend which has continued to present even though most of the tenets of the Suppression of Crimes Act are still in use. However what that time period has facilitated is widespread abuse of citizens rights by the Police – unlawful detentions, physical abuse, warrantless raids, extra-judicial killings etc. Similarly, the deficiencies in Police investigative techniques are legendary with a noted example being the presentation of an illegal handgun to a Senior Superintendent of Police on stage at a Reggae Festival by an artiste who himself was wanted for questioning involving a criminal matter in another parish. According to the Senior Superintendent he was unaware that the artiste was wanted by the Police. Similarly, the case of Mr Joel Andem leader of a notorious gang who was at the top of the Police most wanted list. However upon his capture the Police waited almost one week to prefer any charges as there was no outstanding warrant for his arrest.

The simple fact of life in Jamaica is that there is no real will to tackle crime as persons have often advised in colloquial terminology that “…in Jamaica real bad man don’t hide”. This is seemingly borne out by the fact that some of the most notorious persons who have been arrested or killed in recent times were living comfortably in their homes in plain view usually in very affluent neighbourhoods. Further, in several inner city communities guns are openly brandished particularly after dark, drug houses are well known and in one case even had a flag on its roof to advertise its location to its patrons and potential clientele. Indeed, generally speaking an air of lawlessness obtains. Is it credible therefore to continue to claim that only the Jamaican Police remain oblivious to these developments and therefore require extreme measures to treat with the issues at hand?

Indeed, the argument posited by Prime Minister Golding of “straight to jail” for someone who perhaps changes a handbag or a pair of pants as the case may be and genuinely misplaces their drivers license is ill-advised and could well be construed by its critics as contempt for the principles and practices of a modern democracy. If the authorities are truly interested in cracking down on drivers licenses all they would have to do is establish some sort of electronic linkage between the tax collectorates and the Police and when persons go for renewals, if there are outstanding warrants for the person in question, arrangements can be made for their immediate arrest. However, in an environment where motorists who have committed a traffic infraction are routinely given the option of “write or left” – meaning either the police personnel writes a ticket or the traffic offender leaves a bribe, there is need for extreme caution in increasing the latitude of the police. Further, the recent initiatives involving the gang leaders in August Town highlights the extent of the moral decay in Jamaica. In that arrangement which obviously had the assent of the Police which had at least one representative at the ceremony, the gang leaders were allowed to keep their illegal weapons and there was a public signing of a truce of sorts. In the context of the foregoing, the Prime Minister would be minded to be guided by the age-old maxim “Power corrupts…Absolute power corrupts absolutely.” Jamaica has a acknowledged problem with crime, however there is no need for citizens rights to be further compromised because the State refuses to tackle the real issues at hand.

Increased Parish Council Autonomy to Do What?

For several years now, there has been a seemingly unending process of Local Government Reform in Jamaica, which has been threatening to increase the autonomy of the Local Authorities (Parish Councils and the KSAC) but this has begged the critical question: Increased autonomy to achieve what? Indeed, the threats have become more insistent if not bellicose with the spirited leadership of Minister Robert Montague, Minister of State with responsibility for Local Government. However, any review of the performance of the local authorities over the past decades in Jamaica will reveal a history of incompetence and corruption coupled with an overly bureaucratic framework which tends to impede rather than facilitate effective local governance.

Minor Road Maintenance and Drain Cleaning

This has been one of the most controversial areas in recent times for the Local Authorities (Parish Councils and the KSAC) and points to an inherently inefficient system highlighted by an improper maintenance regimen applicable to both roads and drains. Indeed, the fact that both the National Works Agency (NWA) and the Parish Councils have separate sources of funding and in fact are supervised by separate ministries points to the possibility of redundancy and therefore gross inefficiency. Further there are issues with the quality of work being done particularly under Parish Council contracts which points to poor project management. Further there is significant disparity in terms of the expertise and equipment available to the Parish Councils versus the NWA. Indeed in terms of drain cleaning, the KSAC advises that they are only able to clean drains at the manhole, whereas the NWA has equipment capable of cleaning entire drains and gullies. This entire scenario is compounded by persistent inter-agency squabbling and finger pointing by both the NWA and the Local Authorities and speaks to the need for a single body to assume responsibility for the maintenance and rehabilitation of roads and drains. This single entity would need to be adequately funded but also have the technical expertise to offer credible project management. Based on their track record to date, there can be no basis for utilizing the Local Authority as the vehicle for the oversight of a single road authority.

Zoning and Development Approval Environment

There is need for a comprehensive investigation, inclusive of full forensic audit into the building approval and enforcement processes in Jamaica. This after the latest misstep regarding a major hotel construction site in St James where reportedly but inexplicably a previously unauthorized fourth floor construction received surreptitious approval from a senior member of the local authority but without the formal knowledge and approval of the St James Parish Council and the National Environment and Planning Agency (NEPA). Further, the amended approvals were found in the Parish Council files where it may well have remained buried, if the issues at hand did not involve a glaring issue of public safety.

Indeed, examples of questionable approvals and enforcement has spanned decades and affects all parishes. In the case of the Golden Triangle and the residential sections of New Kingston, there are several examples of construction projects being given approval to construct for example studio apartments, only to have them later converted to one and two bedroom apartments. There has been illegal construction of basements and the state stipulations about setbacks, reserved green space and plot ratios remain largely academic. However in each case there would have to be a multi-agency review of plans coupled with site inspections bolstered by Surveyors and Architects reports coupled with the interventions of other industry professionals, so it remains inconceivable that obvious breaches would remain undetected. Indeed so pervasive has been this activity that the Trafalgar Council has on the basis of the Planning and Development manual published in 2007 by NEPA, declared “Most New Construction in Golden Triangle is Illegal”.

This is equally evidenced in other parts of the Corporate Area with multi-storey dwellings and commercial buildings being constructed with absolutely no setback and yet were only detected when construction was either completed or near completion. To make matters worse those projects were constructed in the midst of busy thoroughfares teaming with motor vehicles and pedestrians on a daily basis, who recognized the breaches, yet the regulatory bodies claimed to be oblivious until it was functionally and conveniently too late. Equally in terms of enforcement, several blatant breaches have been reported over periods of time spanning decades with minimal to no action being taken. While cognizance is taken of a lack of agency capacity, the inordinate delays in investigation and the failure to follow-up raises serious issues about the integrity of the process. For example, the addresses of commercial buildings boasting large signage displays and operating on popular roadways in the midst of residential communities, suddenly cannot be located by personnel from regulatory agencies to serve enforcement notices or investigate breaches.

Similarly, in terms of several new constructions on the North Coast of Jamaica, setback ratios are routinely breached and issues such as sewerage disposal are so ineptly dealt with that questions regarding the process of oversight must be raised. Again the breaches are so glaring that it would be impossible for them not to be determined by the regulatory bodies.

Given that Local Authorities are supposed to perform a critical role in the process of oversight and are obviously incapable of honouring that mandate, there could be no justification for granting them increased autonomy in this area.

Street Lighting

Whereas funds have been expended to install street lighting infrastructure in most communities, a substantial number remain non-functional however there is no commensurate decline in the amount billed to the Local Authorities by the JPSCo. This points to the need for routine street lighting audits to ascertain that scarce resources are not being expended for services not provided. Further whereas cognizance is taken of the fact that in communities with a significant number of illegal connections this tends to reduce the illumination of street lighting, there is a suspicion that lower wattage bulbs are being supplied by the Local Authorities for use in urban centres not afflicted by illegal connections. Further, in peri-urban communities the placement of electricity poles seems to be a problem and in some cases only partial street lighting is available. Therefore whereas most communities have access to street lighting infrastructure the issue of whether such infrastructure is serving its purpose remains a contentious issue. However yet again this is another area in which the Local Authorities are supposed to provide the requisite levels of oversight but have failed miserably.

Similarly, the Local Authorities in the main have failed to establish meaningful avenues of interaction between other stakeholders and themselves leading to a virtual breakdown in communications in most part and a further loss of credibility for the Local Authorities. Indeed, on the vexed issue of building approvals, in most cases the Local Authorities deliberately exclude the wider citizenry from the process, preferring to adhere to an archaic process of management by committees, which membership boasts no particular expertise relevant to the issues at hand and usually with disastrous results. Equally in terms of the wider issues of community development, the stewardship of the Local Authorities have been found in the main to be wanting. Therefore the question for the Local Authorities and now Minister Montague remains “Increased autonomy to do what?”

Zero Tolerance for Noise Abatement Mr Minister?

In what can only be the invocation of the Orwellian maxim that "all animals are equal but some animals are more equal than others," Minister of National Security Col. Trevor McMillan, has unilaterally decided to relax the tenets of the Noise Abatement Act as it relates to Reggae Sumfest. In so doing Col. McMillan has only succeeded in further undermining the efforts of the Commissioner of Police Hardley Lewin who had adopted a zero tolerance approach to breaches of the Noise Abatement Act with increasing success. However, after the promoters of Reggae Sumfest threatened to cancel the show if the law was not relaxed for them, the Government of Jamaica capitulated and issued instructions through the Commissioner of Police that the Sumfest event can now be held beyond the stipulated shut-off time of midnight on Thursday and 2am on the weekend. Therefore in one fell swoop the Noise Abatement Law has been rendered meaningless by a regime that claims to be reengineering laws and processes to combat spiraling criminal activity.

However, this is not the first time that this particular issue has been raised and the State continues to operate in a manner which is ultra vires. In fact it is instructive to note that the Commissioner stated on March 28, 2008 that “The matter of night noise is distressing not to just me personally, but to those people who have to suffer underneath it and we have to put a stop to it." However a scant six weeks after that, the police reportedly gave their consent to Summerfest Productions promoters of Reggae Sumfest for the reggae festival to go beyond the prescribed 2 am cutoff point for outdoor music activity which had received the requisite permits from the Jamaica Constabulary Force and in keeping with the tenets of the Noise Abatement Act. On July 4, 2008 the Ministry of National Security also gave their stamp of approval to this blatant breach of the law.

Indeed according to Robert Russell Chairman of Summerfest Promotions, the July 13 – 19 event has been afforded special privileges by being designated a “national festival.” Needless to say, the designation of “national festival” or any special privileges that accord to such a designation is not found in the Noise Abatement Act. In fact according to the Gleaner, Russell states “We have been designated a national festival. That consideration is because of the number of foreign visitors we attract. That is about 5,000 visitors and US$5 million in revenue. So we have been afforded the privilege of going later than 2 am. We will close the festival at the normal times,” he said. However, it is well known that the normal times for the closing of such festivals are usually around 7 or 8 am.

Further, if this designation is valid is it available to Sting, East Fest, Heineken Startime and the countless other large music festivals that occur in Jamaica from time to time? Further if the law is to be selectively interpreted on the basis of the quantum of persons attending and potential revenue flows, then why not similar consideration for all and sundry. In other words, in granting this music festival exemption from the law, the Minister, the Commissioner and their respective teams have succeeded in completely undermining the tenets of the Noise Abatement Act, dashing the hopes, dreams and confidence being reposed in them regarding the enforcement of the Noise Abatement Act by a victimized populace and has also heralded an era of arbitrary law enforcement and governance which has no place in a modern democracy.

In other jurisdictions notably London in the United Kingdom and Atlanta in the USA, the cutoff time for outdoor concerts is 11 pm and in fact a similar cutoff time also affects the popular Radio City Musical Hall in New York. Interestingly, venues such as Hyde Park in London routinely accommodate crowds of 50-thousand persons and more but rigidly adhere to the 11 pm stipulation. In Jamaica, the law is far more liberal with allowances being afforded up to 2 am on weekends, however the Minister of National Security, the Commissioner of the Police and their teams have basically disregarded even the more liberal Jamaican law because according to Reggae Sumfest “we have been designated a national festival,” and will allow this concert to go on until it comes to a natural end. Whereas Reggae Sumfest is occurring in Montego Bay, the lessons emanating from this new State posture has national implications. Hence for the people of New Kingston and surrounding areas, they must continue to endure in dignified silence while being buffeted every weekend by Noise Pollution emanating from many nearby sources while the Minister of National Security and the Commissioner apparently continue to pander to the errant behaviour of a connected few.

JUTC Chairman Silenced: Murder Most Foul

The assassination of JUTC Chairman Douglas Chambers on Friday June 27, 2008 at the company’s Spanish Town headquarters, has sent shock waves throughout Jamaica not only in terms of the dastardly and cowardly nature of the attack itself, but moreso by the fact that it represents an assault on civil society and particularly on those persons voluntarily offering themselves for leadership whether at the national or even community level. That Mr. Chambers was convinced by the Government of Jamaica to lead a process of reformation of a financial hemorrhaging state enterprise, also marred by corruption, was daunting enough but his murder perhaps by design is likely to have a chilling effect on those few persons who often serve on Government boards at no pay but for the rewards of seeking to make a meaningful contribution to their country. Similarly, there are several Community Based Organizations (CBOs) and Non Governmental Organizations (NGOs) in Jamaica whereby the persons in leadership positions are not necessarily paid but in fact are forced to confront the State and its satellite agencies in situations whereby through its collective indolence or lassitude threatens to or actually compromises the quality of life of the affected citizens.

In Jamaica today what the Chambers murder would suggest is that anyone who seeks to challenge the status quo will be silenced. Indeed, the challenge facing the Government at this point is how to convince people, who in the most part are reluctant to serve on State boards for fear of political branding and subsequent career backlash, to step forward. At the level of the CBO and NGO communities however, this represents a call to arms, as cowering in fear or retreating into relative safety of silence will not stop anything, as it only emboldens those who seek to victimize others.

The Jamaican political dynamic really reflects a culture whereby colloquially it is often said that supporters of the ruling JLP “fall in love with their leader” whereby in the Opposition PNP their supporters “fall in line behind their leader”. However, this does not necessarily mean that the best minds are available from either party for public service and hence others who are perhaps unconnected but are known for their stewardship in other endeavours may be tapped. With regards to CBOs and NGOs, for them to be effective, they must remain politically detached and therefore do not have the luxury of either falling in love or falling in line and often times find themselves at loggerheads with the political directorate which usually leads to accusations of being partisan. This is of course compounded by reckless statements from the political directorate, which usually in pandering for votes, seek to deflect blame from themselves by seeking to designate any grouping critical of their actions at specific points as having partisan predilections and by so doing deride any concerns raised. This is borne out by the treatment of NGO’s such as Jamaicans for Justice (JFJ) and Families Against State Terrorism (FAST), both of which were formed as a response to the unchallenged excesses of Jamaica Constabulary Force in the late 1990s, but which were conveniently deemed by segments of the political directorate as “hugging up gunmen” and being ‘anti-police”.

That Jamaica is a place the rewards indolence and punishes diligence is not in question as the almost daily utterances by the political directorate continues to pander to a group of persons in this society who “live free” and are not guided by the norms which inform any modern civilized society. Indeed, squatters are now to be paid for their solid waste instead of being removed whereas in some communities property taxes have been increased by nearly 500 percent; some communities which have been designated by the NWC as “Red Area” pay absolutely no utilities or taxes but have the full backing of their political representatives; persons for specified communities (particularly the structured inner cities – garrisons) who failed to pay in full for their homes will be given the title and the debt written off whereas persons in similar circumstances in other areas routinely lose their properties at auction; and the laws related to squatting or ‘spontaneous settlement” only govern Crown Lands, literally ignoring the dilemma of the private landowner. Hence, there is a view that anyone that seeks to challenge the status quo is against the poor and must be silenced. However, the majority of the population does not have that latitude and must continue to defend their rights as guaranteed under the Jamaican constitution and cannot afford to cede their communities to the lawless as the politicians are wont to do. Douglas Chambers by all reports stood tall in his quest to reform the JUTC, never relinquishing his principles and his efforts therefore must be lauded. It would be an insult to his memory and those of other like minded public servants who had predeceased him to abandon the process of reformation and continue to cede Jamaica to lawless and anti-social elements who would wish to plunder and pillage the islands resources with impunity.

Betrayed: New Kingston Residents Under Threat

In an amazingly insensitive presentation on the vexed issue of Noise Abatement, Minister of Information, Culture, Youth and Sports Hon. Olivia “Babsy” Grange, recently delivered her maiden contribution to the Sectoral Debate 2008/09 in Gordon House entitled “Defining Ourselves”. In the presentation, the Minister conveniently ignored the persistent complaints of citizens and residents of residential communities about Night Noises, obviously skewing her remarks to the benefit of errant entertainment promoters and in fact politely chided the Police for enforcing the tenets of the Noise Abatement Act, claiming that commerce was being stymied by such enforcement. The Minister further intimated, that specially designated Entertainment Zones are to be established and that such zones and the associated regulations to govern their operations are being developed for approval by the Cabinet of Jamaica, albeit with no reference to the wider citizenry. The residents of New Kingston in particular, have been complaining bitterly about the issue of Night Noises for years. However, given the preponderance of illegitimate open air entertainment activities which affect the community and based on the obvious predisposition of Minister Grange, there is a strong likelihood that the entire community will be designated an Entertainment Zone, placing it under direct threat. The following represents the verbatim presentation of this aspect of the Ministers presentation on Tuesday, June 17, 2008:

"Mr Speaker, the recent stringent enforcement of the night noise act by the police has created a number of unintended socio-economic consequences:

(a)Commerce is being stymied – tailors, hairdressers, vendors, concessionaires, performers, suppliers of products (food, drink, containers, ice, confectionary) and promoters are all losing significant income. The multiplier effect of this loss of income will be significant.

(b)We need to recognize that for many in this chain, their main or only source of income, is under threat. They will have no option but to resort to alternate means of earning which can lead directly to an increase in crime and vagrancy.

(c)Dances, parties and other forms of entertainment are the only release for many who find life hard. As such, events collectively are the valve on the pressure cooker that is our society.

(d)For many, attending dances and parties is what keeps them away from a life of crime, mischief and idleness.

(e) We must recognize that anything that affects the entertainment industry, directly affects the tourism industry and by extension the nations survival. Every year hundreds of thousands of tourists come to our shores and spend much needed hard currency to experience our culture and music. Do we want to put a stop to this?

(f)In addition, there has been increased resentment against the police, which hinders them in carrying out their duties effectively.

Against this background, we need to look on the situation realistically to not throw out the baby with the bathwater, but create a situation where there is greater order without stifling the entertainment industry.

Like everywhere else in the modern world we have to find ways to make our existing infrastructure work harder around the clock and earn more to the betterment of all. This is why there are cities that “don’t sleep” like New York, Chicago, Miami, London, Las Vegas, Japan, Toronto and more. This is achieved by creating Entertainment Zones. In parallel, it is important to have zones that do not generally support “night noise activities” like suburban neighborhoods.

The key to an entertainment zone policy working is recognizing that a balance needs to be struck between certain rights and needs of citizens for peace and quiet, as well as the rights and needs for entertainment. It is also important that respect for “peace and quiet” should not apply just to entertainment promoters, but also churches and other groups which have events. With this in mind there have to be areas where formal entertainment activities are allowed and sanctioned and others where they are not.

At the centre of consideration for an entertainment zone, is the extent of noise and the nature of the environment surrounding the source of the noise. Of greatest concern then, are open air events from which sound travels to disturb nearby residents that do not wish to hear what is happening at the event. It is particularly important to ensure children are not disturbed on the eve of school days.

In addition to noise disturbance, content is also important. In general terms open air events with significant noise factor should not feature profanity, the promotion of violence and explicit sexual description. Of course this would not apply to closed venues, which do not impact on people outside of the venue.

Based on the relatively compact nature of communities in the island we will have to embark on a tiered zone approach with respect to open air events, which features zones with:

No restrictions
Some restrictions
Complete restriction of activities

Details of the demarcation of zones and associated regulations are currently being developed for decision by Cabinet and eventual adoption by the relevant authorities".

Seymour Avenue: State Abdicates its Responsibility

Teach us true respect for all,

Stir response to duty's call..

excerpt of Jamaica's National Anthem

The Kingston and St Andrew Corporation (KSAC), National Solid Waste Management Authority (NSWMA), the National Environment and Planning Agency (NEPA) and the Jamaica Constabulary Force (JCF) would be far more efficacious in the discharge of their respective mandates, if only they would adhere to the principles and precepts enunciated in Jamaica’s National Anthem. Indeed, while the State contemplates detaining persons without charge for indeterminate periods, claiming quite erroneously that this will minimize criminal activity and are equally consumed by the morally bankrupt suggestion that prostitution be decriminalized in the name of public health and as a substantial source of tax revenue, there is a general abdication of responsibilities by the State to treat with matters which are far more mundane but which continues to threaten the well-being of all. A case in point being two empty lots of land bordering Fairway and Seymour Avenue in Seymour Lands, which have been used for practically every nefarious activity imaginable. However the State has ignored the repeated complaints by the citizens.

Indeed, all that the citizens have been requesting over the last two (2) years is that the lots are bushed, the informal housing units are removed and that the drug peddling and prostitution be stopped. In their quest, the citizens have written to the KSAC, NEPA and JCF and have also turned to their political representatives for assistance, all to no avail. Indeed, the citizens advise that KSAC Mayor Desmond McKenzie is acutely aware of the situation but has quite uncharacteristically taken no action. In the case of NEPA, they responded one (1) year later to enquire of the citizens if the lots had been bushed. In terms of the Police, the citizens continue to await their intervention.

In the meantime that lower section of Seymour Ave bordered on the north by Fairway Avenue and to the south by Old Hope Road could easily be renamed Prostitutes Row or Crack Alley as prostitutes can be seen brazenly plying their wares day and night and the evidence of drug usage and sale is there to be seen by all. That location has also been the scene of several robberies and rapes coupled with other serious criminal activities but inexplicably the JCF refuses to act. The 3 - 4 acre location has also been the scene of numerous illicit fires but is now perhaps best described as a tropical jungle in the midst of an urban centre, which provides a convenient place of refuge for criminals and their illicit activities. However, there are two high-end multi-storey apartment and townhouse complexes and an office complex on the same section of Seymour Avenue which continue to be adversely affected and the residents and occupants safety compromised by the perpetuation of these activities.

In this matter, the KSAC is obliged as part of its statutory duty in conjunction with the NSWMA to clear those lots, in the face of unwillingness by its owners and bill them for any expenses incurred. The JCF is also duty bound to address the criminal activity which is experiencing exponential growth in this area. The politicians are equally duty bound to effectively represent the collective interests of the persons in their constituency or political division, as the case may be. This situation is untenable and is particularly repugnant in light of the fact that the residents of Seymour Lands arguably pay the highest levels of property taxes in Jamaica but are unable to access any meaningful level of service from an increasingly reluctant State apparatus. The National Anthem entreats Jamaicans to “Stir response to duty’s call” but that lesson has obviously been lost on political representatives and the State (Central and Local Government) alike. This as the State agencies continues to victimize the law abiding residents of Seymour Lands by their lassitude and indolence. Indeed in this scenario, the residents of Seymour Lands, are obviously regarded as no more than TRN numbers and high end property owners who can be routinely tapped as a source of revenue by the State or in the true colloquial phrasing remain “The gift that keeps on giving!”

WANTED: A Pied Piper For New Kingston

The commercial district of New Kingston and the adjoining residential communities are being overrun by rats and primarily through State indolence, absolutely nothing is being done to combat the situation. Indeed, the situation has become so acute that the Police are now cautioning visitors to New Kingston and residents of nearby residential communities to check the engine compartments of their cars after conducting business in New Kingston for rats. Ironically, the New Kingston Police Post has been a victim of this situation as well, in so far as at least two (2) service vehicles have been reportedly disabled after rats chewed several wires and cables in the engine compartments of the respective units. This problem is being replicated in Seymour Lands and is also attributable to the poor solid waste disposal mechanisms of restaurants operating illegally in the community coupled with equally poor construction waste disposal practices in a community that has been literally teeming with new construction projects.

Repeated complaints have only led to cursory action by the State in New Kingston with no real sustainable and effective strategies being employed to tackle the root causes of the rodent infestation. In the residential communities, there have been no interventions by either central or local government agencies to either combat the rodent infestation or treat with the appalling solid waste disposal practices of restaurants which are also operating in breach of the restrictive covenants and zoning laws governing these communities. Similarly, though there have been repeated complaints to the Kingston & St Andrew Corporation (KSAC) complete with photographs clearly depicting the issue of inadequate disposal of constructive waste, there has been no effort to treat with the situation by the local authority.

Indeed, the indifference of the state apparatus is now so stark that a relatively new restaurant in Seymour Lands, which have been repeatedly found in breach of the Noise Abatement Act by the Police, had been operating without a spirit license, been the scene of numerous robberies and at least one rape, has recently been granted a spirit license by the State, with no reference to the citizenry which had repeatedly objected to the varying untoward activities being conducted at the location. This is particularly poignant since the approval was granted immediately after the Police had reportedly successfully prosecuted the owners for operating without a license.

Therefore, yet again the pronouncements by the KSAC about zero tolerance are seemingly attention grabbing headlines tailored for an eager press rather than a statement of intent to confront the real issues affecting communities. Indeed, in this new dispensation where Local Authorities, including the KSAC, are slated to be given more autonomy, there has to be a greater degree of accountability for the local authorities. The residents of Seymour Lands and New Kingston arguably pay the highest property taxes in Jamaica, with taxation levels in the past routinely exceeding $100,000 per annum in instances but yet have little or no representation in terms of local governance. The communities at best receive a polite hearing from the local authority but very little is usually accomplished. In the present scenario, the matter is critical as residents fear an outbreak of leptospirosis, as the communities are being overrun by rats and no longer have the impetus or time to engage in meaningless banter with an inefficient and ineffective local government apparatus which refuses to fulfill its statutory obligations. Apparently, in the new dispensation only court action will rouse them from their slumber as the Local Authorities must be held to a higher standard of accountability and performance.

Developers Stung As NEPA Rejects Applications in Droves

Obviously stung by years of criticism about their role in regularizing and facilitating developments which have breached the approvals process, the National Environment and Planning Agency (NEPA) has now sought to heighten its enforcement activity and finally adopt a zero tolerance approach to the process. However, NEPA has also given itself considerable "wiggle room" in terms of the Government’s 90-day timeline for approvals by essentially discontinuing the processing of applications which are either incomplete or have not received timely responses from other stakeholder agencies in the approvals process. These applications are returned to applicants who have the right to re-submit if they so choose.

This has led to considerable disquiet as developers and even some State Agencies are complaining that their applications are being rejected in droves even under circumstances where they are not at fault. However, they are not gaining much sympathy from the citizen’s advocates and environmentalists who contend that it is better to err on the side of caution than to facilitate an opportunistic process whereby according to Jamaican Prime Minister Bruce Golding, applications for which there has been no response from NEPA within 90-days should be deemed approved and development commenced. To clarify these issues, NEPA has issued the following statement:

“The National Environment and Planning Agency (NEPA) is committed to processing applications within the shortest possible time and have been upgrading its processes to meet and even reduce the 90 days timeline. In implementing this initiative, the Agency has adjusted the timeline within which responses are to be submitted, whether from applicant(s) and/or other Agencies of Government.

There will be strict adherence to the guidelines and checklists for all applications which are submitted to NEPA as well as the local authorities. Applicants are required to comply with these guidelines in keeping with Jamaican laws. Failure to do so will result in immediate enforcement action. Absolutely no incomplete applications will be accepted.

Submission of Applications
As a regulatory Agency, NEPA is required by law to consult with other government agencies in reviewing all applications for development projects. Given this legal stipulation, NEPA will discontinue the processing of all those applications for which outstanding comments from other government agencies have not been forthcoming after a thirty day period. Additionally, applicants must submit all supporting documentation within thirty days of making an application. Failure to make the submission within this thirty day window will also result in the discontinuation of the processing of the application. The application will then be closed and returned to the applicant. The applicant is free to resubmit the application along with the supporting documentation and the attendant application fee, to resume the applications process. NEPA will advise such applicants accordingly.

Planning Permission and Environmental Clearance
Under government regulations planning permission cannot be granted to any developer without environmental clearance. Consequently, all planning applications also awaiting a decision for an environmental application will be placed on hold until a decision is made. Clients whose applications have been put on hold for this specific reason will be informed in writing.

Developments in Breach
NEPA will discontinue the processing of applications for any developments which are in breach. This includes, but is not limited to development projects on which construction has started without the relevant approval. The processing of the application will not resume until the developer is in compliance with NEPA guidelines. The applicant must state in writing to the Authority when and how breaches will be addressed. The correction or addressing of breaches begins with the payment of an administrative fee. The length of time taken to achieve compliance will determine whether or not applicants will have to re-apply. “

See Also
Jamaica: The 90-Day Approval Process Revealed

Smith Out, McMillan In: Some Real Solutions to Crime

Although in a perverse sense, the Jamaican economy does benefit to some degree from criminal enterprises through foreign currency flows, the overall costs totally outweigh any benefits. Indeed criminal activity is so pervasive across the island that it can be determined to be a causal factor in the relatively high levels of migration of skilled and highly educated persons. It is also a significant impediment to investment and hence development of the island. Hence, in treating effectively with the problem, the Jamaica Constabulary Force (JCF) must be given the requisite funds to tackle the tasks at hand. Efforts also have to be made to combat and reverse the negative perceptions about their efficiency and efficacy. This as increasingly the more affluent communities turn to private security entities to police their communities and in the poorer inner city areas they become more reliant on informal security mechanisms.

The following represent recommendations to treat with some elements of the problems of policing and security. These are not intended to be exhaustive but provide an additional perspective which should inform the determination of a more fulsome crime initiative:

Police Stations in high crime zones: There is a need for the establishment of dedicated police stations in high crime zones. For example in Whitfield Town there are nine operational gangs and a protracted period of conflict with no dedicated police stations. There are some 125 active gangs in Jamaica, which highlights the fact that in nearly all inner city communities there are active gangs, which directly impact on criminal activity within and outside the communities. Further, in the peri-urban and rural communities, in some instances, the police stations are some distance away, which sometimes impact on their effectiveness. These police stations need to be well equipped and staffed and the practice of some police stations actually closing their doors in the nights need to be discontinued. Increased police presence over time will lead to the removal of roadblocks and other impediments as confidence levels increase.

Increased number of Police personnel: To treat adequately with the shortage of personnel, there is a need to increase the number of police personnel from 8,500 to at least 12,000. Further, it is also being recommended that police personnel currently assigned to desk duties performing functions that could be done by civilians be redeployed into the field and civilians employed to replace them. There also needs to be increased training of member of the ISCF with a view to merging this group with the JCF.

Improved Community Relations: One of the greatest difficulties in solving crimes in Jamaica today is the inherent mistrust of the police, particularly by the citizenry. This phenomenon is replicated by and large across inner city communities and can only be improved by heightened and meaningful community relations. In this regard, there is need for speedier and more transparent investigative processes in order to ensure continued confidence in the system by the victims of crime.It is also recommended that each police station or division particularly in areas of high crime activity establish a hot line akin to Crime Stop and Kingfish whereby persons can communicate with the police and provide intelligence without necessarily identifying themselves. While cognizance has been taken of the fact that there are some potential difficulties, which might arise, this strategy is proposed on the basis that information may be received without the identity of the source being revealed and lead to increased “cleared-up” and conviction rates. This will be useful at least up to a point where the police/citizenry trust has been rebuilt.

Improved community relations and the attendant re-establishment of trust will minimize the influence of the area leaders and over time obviate the need for the informal security mechanisms currently employed.

Ballistic Fingerprinting: One of the more thriving businesses in the inner cities is the rental of guns. Whereas it is accepted that some of these weapons are illegal and cannot be traced to a legitimate owners, others are not. In this regard it is being recommended that all holders of registered guns be required to submit them to the authorities for ballistic fingerprinting so in the event these weapons are used to commit criminal acts then the registry can be accessed and a match determined. Similarly all police issue weaponry must be subject to ballistic fingerprinting.

Transfer of Fingerprints from the EOJ: In an effort to accelerate the investigation of crimes it is recommended that all fingerprints collected under the Electoral Office of Jamaica’s enumeration exercise be transferred to a central database, which can be accessed by police investigators.

Improved judicial process: Though necessarily outside the purview of this study, it is recommended that institutional strengthening be provided to facilitate speedier trials. Currently, the average time between arrest and trial is approximately 4 years during which time persons (largely because of lack of space) are transferred to one of the prisons and in more recent times to the Horizon Remand Centre. This tends to overturn the judicial maxim of innocence until proven guilty and leads to greater frustration and mistrust at the community level. Further, a review of the application of bail needs to be conducted, as currently it appears to be largely discretionary and highly subjective. Also the matter of legal representation is discretionary in terms of persons charged with drug offences who by statute are not entitled to legal aid. Further, in the event of conviction the appeals process is a protracted one given that the judgments are hand written and then typed – which could be easily addressed through the use of computers.

Equality under the Law: Legislative amendment needs to be effected to discontinue the distinction being made between capital and non-capital muder as previously obtained as all citizens are equal under the law and hence for example the murder of a police officer should rank no higher than that of anyone else. Similarly the practice of awaiting a ruling from the Director of Public Prosecutions before a member of the police force can be arrested should be discontinued.

Other Crime Initiatives:

Registration of Sex Offenders: There is a need for the establishment of a National Registry for sex offenders in conjunction with the requisite legislative amendment to compel such persons to register with the nearest police station when such persons change residence.

Electronic Tracking of Parolees: There is a need for legislation which will facilitate the electronic tracking of parolees and to the extent possible deportees

License Plates by Parish: There is need for the introduction of specially demarcated license plates which can allow for the easier identification and tracking of out of parish vehicles by the security forces

Curfew for Children: The need for the introduction of legislation with meaningful penalties for breaches which institutes a permanent curfew for children (persons under the age of 18 years) to 9pm on weekdays and perhaps 11pm on weekends

Identification cards: A requirement for all persons over the age of 18 to have identification cards and in particular to determine that minors are not being served alcohol or having access to adult entertainment. Breaches must be punished by harsh penalties.

Outdoor Electronic Boards: The establishment of outdoor electronic boards ideally placed on the highways and toll roads as part of an Early Alert Mechanism whereby citizens can actively become part of the crime fighting process. This would be in form akin to the Amber Alert strategies which obtain in the USA

Jamaica’s Most Wanted: There is need for the routine publication of the photographs of Jamaica’s most wanted persons. The current strategy of merely providing a description is a colossal waste of time as the only persons who can assist are those that actually know the individual. This can be communicated to the public in the same format that Crime Stop uses.

Neighbourhood Watches: There is an increased need for the establishment of Neighbourhood Watches under the guidance of the Police.

Buses: Equip all publicly owned buses with cameras to record any anti-social activity which can be perhaps used later in a court of law as part of the evidence pool. In the same vein all public passenger vehicles should be prohibited from having tinted windows.

Cameras: There is need for the use of cameras placed at strategic locations particularly in areas with a relatively high propensity for crime as an aid to crime fighting. Similarly speed cameras should be installed which records traffic infractions and will allow for the identification of the owner of a vehicle and its owner / driver for subsequent ticketing which would be delivered to the person’s home. This system works in the UK and would allow for a redeployment of more officers to deal with more serious breaches of the law.

Social Interventions

Trade Training Centres and Literacy Programmes: One of the solutions to the problem of crime in the ICBSP communities is the provision of opportunities for training in an effort to increase the rates of employment within the communities. Hence, it is being suggested that Trade Training Centres be established in each of the communities to facilitate training in masonry, carpentry, and electrical installations among other trades in other to improve the marketability of residents. Though HEART/NTA provides some of these services, in some cases residents are unable to meet even the minimum entry requirements and hence the need for direct intervention. There is also the need for literacy programmes in the inner-city communities.

Other Social Interventions: It is recommended that the Peace Management Initiative and other such forms of social intervention be strengthened so as to the facilitate island wide interventions. Further, it is also being proposed that where additional housing is required that such housing is not provided in politically homogenized areas and that due care be exercised that the distribution of these units is not corrupted by attempts at homogenization. This is perhaps one of the key variables in disrupting the formation of structured inner-city settlements defined as garrisons. This is likely to be difficult but if the perpetual cycle of violence and anti-social behaviour is to be stopped attempts at disrupting the garrisons must be attempted.

Obviously, these and other strategies can only be effective in the face of political will and a spirit of cooperation and unity within the police force. In this regard, the recent pronouncements by the Police Federation Chairman and the obvious combative stance adopted regarding the newly installed Commissioner of Police and Minister of National Security, is counterproductive and is reflective of a breakdown in discipline within the organization. Crime is a serious problem in Jamaica and requires serious people to deal with it, hence the petty squabbling and political posturing by some police groupings needs to stop, failing which perhaps there will be need to turn to the Jamaican army for its assistance as a united front is required to effectively tackle the monster of crime.

Smith Out, McMillan In: The Inner-City Saga Part III

As at May 21, 2008, some 610 murders had been committed in Jamaica since the beginning of the year. Such data continues to act as a sober reminder of the breakdown of law and order which now pervades the island paradise. In fact, the national security crisis remains at the forefront of the expressed concerns of the citizenry and is indeed anathema to the investment and development processes. Indeed, for meaningful solutions to be determined there must be increased cognizance of the complex issues and unique community dynamic that confronts all groupings, irrespective of social stratification. In Part I of the current series of articles, focus was placed on the security concerns and issues facing the residents in the more affluent Seymour Lands, Trafalgar Park, the residential sections of New Kingston and other similar communities across Jamaica, which could easily be replicated across other urban centres in Jamaica. Part II sought to highlight some of the issues confronting the Jamaican Inner-City and Part III will now continue the insightful journey into the prevailing informal security and community justice mechanisms as obtains in some inner-city communities in Jamaica with a view to developing meaningful solutions to the upsurge in crime activity as it affects Jamaica in its totality.

Localized “Justice”
Inner-city communities sometimes have their own form of justice whereby the “Area Leader” or “Don” is deemed to be the informal community judge and if crimes are committed within his jurisdiction and the persons identified they are brought before him to be sentenced. Information discerned suggests that sentences could range from a beating to gang rape of a female relative to murder/torture. For his part the “Don”, who is usually not without his political linkages, is not only viewed as the community protector and enforcer but as a sort of Godfather who dispenses largesse usually procured from drug sales, extortion and from proceeds of criminal activity occurring outside of the respective communities. In the event of a robbery and the Area Leader is contacted by a person of influence or power and is so inclined, the stolen items will be returned. Indeed, it can be said of most inner city and peri-urban communities that the local area leader hinders localized petty crime.

However, the most serious infraction that can be committed in the Jamaican inner-city is for someone to be identified as an “informer” or “police informer”. The punishment for this is death or immediate relocation but usually the former. This designation can be accorded for merely speaking to the police too often, attending the police station for undeclared reasons or genuinely providing some pertinent information to the police. It has been argued however, that some rogue police personnel facilitate this process by dutifully advising their cronies in the criminal underworld of information provided and its source, which usually culminates in the death of that person. Indeed, senior officers in the JCF have stated publicly that persons should be wary of whom they give information.

This is mirrored by similar activity under the rubric of politics. If an inner-city resident who is living in a structured inner-city or other types of inner cities with garrison tendencies, is seen talking too often to a known political opponent, is seen to have accepted money or gifts from that person and /or is perceived to be trying to alter the political status quo that person is required to leave the community quickly or is killed. No real fraternization is encouraged across rival political groups and persons are liable to lose their lives because of this. However, in terms of general criminal activity in the inner-city, this tends to vary on a per community basis as all are subject to periodic flare-ups usually associated with gang warfare or heightened political activity.

There is also a fair degree of “thuggery” and extortion in the inner city with respect to community projects. Indeed, it is the norm that persons from within communities expect to be employed on a project occurring within their sphere irrespective of whether they have requisite skills or not. If they are excluded, this can escalate to threats and actual violence. Further, in some cases the political representative becomes involved and again it is not uncommon that work activity is stalled under orders of the Area Leader unless persons from the community are employed. This matter is further compounded if the work originates from the political directorate. Conflicts can and usually do occur if it is perceived that persons from the “wrong” party has gotten an unfair share of the work e.g. road and sidewalk maintenance, gully cleaning among others.

Under - Reporting of Crime and Social Impact

However, it should be noted at this juncture, that there is a problem of under-reporting of criminal activity (excluding murders) in these communities, largely borne out of fear. It is estimated that only 20 percent of crimes committed are reported. Nevertheless, it is worthy of note that in 2002, 69.1 percent of persons in poorest quintile indicated that they perceived that there was either no chance or a small chance of them becoming a victim of crime versus 63 percent in the highest quintile. Indeed, for those persons believing there was no chance of them becoming a victim of crime, the spread between the poorest and richest quintiles was 11 percentage points which reinforces the notion that persons in the poorest quintile feel safer by way of their informal security systems versus other groups.

Finally, the issue of the penal system must be addressed. Aside from the fact that the prisons are populated in the main by persons from the inner-city, the conditions are reportedly harsh with inmates only allowed to have a 3 minute visit per week with one relative / friend, which does not seem to foster a climate for rehabilitation and hence, there is a high probability for recidivism. Further, primarily due to overcrowding, persons who are charged with offences and are awaiting trial, are sometimes placed at the Horizon Remand Centre or in the penal system. In fact, it is worthy of note that the average time between arrest and trial in Jamaica on, for example, a charge of murder is 4 years. Furthermore, if the person is arrested on a drug charge, the law denies the accused, legal aid. Hence, there is a high degree of resentment fostered by this, which is likely to manifest itself as anti-social behaviour at the community level.

See Also
Smith Out, McMillan In: The Inner-City Saga Part II

Smith Out, McMillan In: The Inner-City Saga Part II

Jamaica is in the throes of a National Security crisis with its citizenry largely overcome with fear now willing to embrace any one who they perceive can improve their security with almost messianic fervor. Indeed, it is not uncommon, particularly in the more affluent communities for there to be discussions about a willingness to cede some of their human rights in the hope that this will foster greater successes in crime fighting. However in large part, the more affluent communities and the inner city communities in Jamaica are worlds apart and are driven by a different dynamic which has implications for an optimized security strategy.

While persons in the poorer quintiles rely on the JCF and JDF for protection, those in the wealthier quintiles tend to access additional protection from the private security firms. Security responses to areas populated by those in the upper quintiles also tend to be faster from both the JCF and private security firms. Hence given that security remains a primary concern for most of the island, for meaningful solutions to be determined, there needs to be even a notional understanding of the issues that confront all groupings, irrespective of social stratification. In Part I, focus was placed on the security concerns and issues facing the residents in Seymour Lands, Trafalgar Park, the residential sections of New Kingston and other similar communities across Jamaica, which could easily be replicated across other urban centres in Jamaica. Parts II and III treats with some of the issues confronting the Jamaican Inner-city, whereas Part IV will look at possible solutions to the crisis that confronts the island.

The Jamaican Inner-City
Indeed, the Jamaican inner-city represents a paradox of sorts in that it embraces both formal and informal security mechanisms with the former being relied on primarily in times of extreme hardship. In that regard, there is a love-hate relationship between citizenry and police borne out of a protracted period of alienation between the two groups. Whereas the police are mandated and in fact has adopted as its credo, the notion “to protect and serve”, their interventions in the inner-city are usually in the form of police/military operations inclusive of raids. Though there are some routine patrols and efforts at community policing are attempted, there are most noted for raids.

Ironically, the matter of drug trafficking is almost a mainstay in sections of the Jamaican inner-city and is usually the source of income for the Area Leader. This ranges from marijuana to cocaine and some of the proceeds are used to trade for weapons. In the inner-city, smoking ganja is treated as no more of an infraction of the law than smoking a cigarette, though it remains illegal but cocaine is viewed as a drug. The drug trade has been at the root of several conflicts in inner cities island-wide, a matter that has been compounded by a surge in the number of persons deported to Jamaica. In fact, in 2007 alone some 2,984 such persons across all parishes were sent home. The largest proportion of persons deported to Jamaica in 2007, were those deported for drug offences (33.4 percent). This represents a 2.0 percent decline over 2006. It is interesting to note that most of the persons deported to Jamaica had returning addresses in St Catherine (653 or 21.9 percent), St James (229 or 7.7 percent), Clarendon (288 or 9.7 percent), Kingston (303 or 10.1 percent) and St Andrew (775 or 26.0 percent), which parishes boast the highest incidences of crime collectively accounting for 74.9 percent of all major crimes.

However, access to communities are sometimes impeded as most inner-city communities (particularly structured inner-city communities) have what can be characterized as an early warning system which manifests itself in manned roadblocks and “spotters”, usually armed men ensconced on the roofs of buildings with a mandate to repel any perceived threats. Whereas these early warning systems hinder the police in conducting their duties, the system has been primarily constituted to repel attacks from other communities (usually persons of different political persuasions and gang attacks among others). This as one of the more prevalent criminal activity in the inner cities has been drive-by shootings. Hence, most of the communities have an informal defense mechanism which requires persons including some adolescents to man these roadblocks and alert the community in the event that an attack or perceived attack is imminent.

The police by and large do not endear themselves to these communities as their acts of brutality, questionable shootings and generally anti-social behaviour does not foster good community relations. Indeed, recognizing that persons who generally inhabit these communities are from the poorest quintile, the complaint of damage to furniture and other household equipment and appliances are legendary. Further citizens, from time to time complain that they are subjected to on the spot searches and sometimes beaten for any perceived disrespect shown to the police and military. Citizens in the inner-city are also subject to what has been characterized as “net-fishing” exercises where large groups of males – usually between the ages of 18 – 24 – are placed in trucks and carried to a police station for “processing”. The police justify this by claiming that this is needed to determine whether or not these persons are wanted by the police, for questioning or whether or not there are any outstanding warrants for their arrest. However, the residents claim that this so-called “processing” usually involves ascertaining the persons name and address and precious little else.

The credibility of the JCF is not enhanced by forays into some communities and after expending thousands of rounds of ammunition, they have not effected any arrests, recovered any weaponry. Their credibility in terms of crime suppression is also questionable as traversing particularly the streets of the KSA at night it is not unusual to see persons near or in inner-city communities toting illegal weapons – usually high powered weapons- with impunity. The police are also notorious for detaining persons for relatively long periods of time without charge and without any legal representation. Indeed, the Jamaican court system is replete with writs of habeas corpus filed by attorneys-at–law seeking to have their clients released. These types of activities have led to formation of local Human Rights Groups such as Jamaicans for Justice (JFJ) and Families against State Terrorism (FAST). However, the police have a well-established complaints mechanism by way of the Bureau of Special Investigations (BSI), which routinely investigate questionable police shootings, and the Police Complaints Bureau, which investigates complaints about police excesses.

“Sweepers” and “Gun-Bags”
The inner-city communities boast their own structure in terms of crime scene management and criminal activity whereby after a particular ferocious and protracted battle with the security forces persons designated as “sweepers” (often-times children) are sent out to recover all spent shells. The children in some communities are oftentimes designated “gun-bag” – a designation referring to the person who actually has the weapon in his/her possession to be passed on to the adult for usage. The applied logic discerned was that under Jamaican law a child below the age of 12 cannot be deemed to be capable of committing a crime and so even if detected the worse that could happen, apart from being killed, would be that child be put in a place of safety or some other approved juvenile facility. Furthermore, the males in these communities tend to be reticent in the event of a police operation leaving the women and to some extent the children to “articulate” their collective disgust with the intervention. This does not seek to suggest that all are involved in this activity but the voices and actions of the few tend to tarnish the community’s reputations and perpetuates the cycle of violence.

See Also

First Major Change in Golding Cabinet: Smith Out, McMillan In