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.