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